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mike cain

he recognition of changes in public needs and use such as recreational purposes and scenic beauty. Many important cases have come before the Supreme Court since the expansion of the trust doctrine. Take the Village of Menomonee Falls vs. DNR where there was the proposal to channelize two and a half miles of Lilly Creek with concrete for purposes of stormwater control. The DNR won this case because it would destroy the natural habitat and aesthetics of the stream and was inconsistent with the goals for the area that had already been established. Some current issues that are being faced now include recodification of Chapter 30 statutes including public interest test and agricultural drainage issues. Dockominiums referring to condominium units giving a person the right to use a pier slip in navigable waters. Last, but not least is the legislative response to the Supreme Courts decision in Solid Waste Agency of Northern Cook County vs. COE which limited the Corps of Engineers authority over certain isolated wetlands which are not a part of the water drainage system. Cain talked about some mechanisms for enforcement of public trust such as civil citations and actions for violations such as boathouses and pier structures that do not comply with the statutes I feel strongly that we need to uphold the public trust doctrine and enforce disciplinary action on those that dont comply. We are rapidly losing shoreline habitat and natural vegetation not only with the increase in development but recreational uses as well. ...

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