by Patrick J. Wright

 

A trial court in Ohio recently held that Lake Erie beachfront property owners have the right to exclude others from their property. As the right to exclude is a traditional and fundamental aspect of owning property, it seems odd that such a holding would be newsworthy. But in 2005, the Michigan Supreme Court held that the general public has a right to walk the Great Lakes shoreline, and that trumps the property owners’ right to exclude. These divergent results indicate that there must be constant vigilance to prevent property rights from being weakened...