[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

News Watch Home

Public Trust Doctrine should rule out ferry terminal wind turbine site  

Credit:  The Bay View Compass, bayviewcompass.com 30 January 2011 ~~

Something to consider as we debate the wind turbine proposal for the lakefront is that the more easterly site that has been suggested—the spot near the ferry terminal—is filled land and thus is subject to the restrictions of the Public Trust Doctrine.

The doctrine is based on our state constitution. It requires that filled land—land retrieved from the lakebed—must be used for recreation and navigation only. The latter use includes docks, harbors, wharves, and other facilities described as “in aid of navigation.” A wind turbine is not a navigational aid and is not a legitimate use of filled lakebed land.

Some argue that because some electricity from the turbine would go to the port administration building, the turbine could be said to be “in aid of navigation.” We shouldn’t try to undermine the Public Trust Doctrine in this way. The doctrine is our lakefront’s best protector. It helped keep a six-lane freeway off the lakefront in the 1970s. More recently it helped to sink the proposal to berth a rusting warship here as a tourist attraction. It has defeated many wrongheaded lakefront proposals through the years.

We need to give the doctrine our strict interpretation and adherence. It is a major reason we have our rare, beautiful, open lakefront today.

The alternative site proposed for the turbine, the more inland site at the port administration building, west of S. Lincoln Memorial Drive, is not filled land and not subject to the Public Trust Doctrine. It is the only site we should consider.

Charles Kamps

Source:  The Bay View Compass, bayviewcompass.com 30 January 2011

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate


News Watch Home

Get the Facts
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.