Misplaced Pages

#783216

34-614: [REDACTED] Look up jettison in Wiktionary, the free dictionary. Jettison may refer to: Jettison (shipping) , cargo discarded from a ship or wreckage Jettison (aviation) , an aviation term to discard fuel or weapons in flight by use of a mechanism, switch or handle Fuel jettison , a procedure used by aircraft in certain emergency situations Entertainment [ edit ] Jettison (album) , an album by Chicago punk rock band Naked Raygun, released in 1988 Jettison,

68-498: A channel unnavigable due to risk of ship collisions . Waters may be unnavigable because of ice , particularly in winter or high- latitude regions. Navigability also depends on context: a small river may be navigable by smaller craft such as a motorboat or a kayak , but unnavigable by a larger freighter or cruise ship . Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level , or by dredging that deepens parts of

102-525: A river , canal or lake , is navigable if it is deep, wide and calm enough for a water vessel (e.g. boats) to pass safely. Navigability is also referred to in the broader context of a body of water having sufficient under keel clearance for a vessel. Such a navigable water is called a waterway , and is preferably with few obstructions against direct traverse that need avoiding, such as rocks , reefs or trees . Bridges built over waterways must have sufficient clearance . High flow speed may make

136-422: A distinction to be made between the ownership of the hull itself and the cargo it contains, as the hull may be abandoned intentionally, whereas the cargo may be out of necessity (in the case of an emergency or the need to shed weight from the vessel). In these parameters, abandonment of the ship by its passengers constitutes a loss of possession, but to abandon the claim on the title itself, intention to relinquish it

170-659: A finding of navigability. 'Navigability' is a legal term of art , which can lead to considerable confusion. In 2009, journalist Phil Brown of Adirondack Explorer defied private property postings to make a direct transit of Mud Pond by canoe , within a tract of private property surrounded by public land within the Adirondack Park . In New York State, waterways that are 'navigable-in-fact' are considered public highways , meaning that they are subject to an easement for public travel, even if they are on private land. Brown argued that because he recreationally 'navigated'

204-663: A more limited federal jurisdiction under the Act over private property which may at times be submerged by waters. Because jurisdiction under the Clean Water Act extends beyond public property, the broader definitions of "traditional navigable" and "significant nexus" used to establish the scope of authority under the Act are still ambiguously defined and therefore open to judicial interpretation as indicated in two U.S. Supreme Court decisions: Carabell v. United States and Rapanos v. United States . However, because authority under

238-485: A play by actor Brendan Bradley "Jettison", a song from the album The Virginian by Neko Case Jettison (record label) , a Chicago-based indie record label owned by Jeff Pezzati of Naked Raygun Jettison (Steady Ground album) , an album by Alternative Rock band Steady Ground , released in 2007 Jettison (band) , a punk band from the 1980s Jettison (book) , a book written by D.E. White See also [ edit ] The Jetsons Topics referred to by

272-402: A river was considered navigable at the time of statehood, the land below the navigable water was conveyed to the state as part of the transportation network in order to facilitate commerce. Most states retained title to these navigable rivers in trust for the public. Some states divested themselves of title to the land below navigable rivers, but a federal navigable servitude remains if the river

306-410: A salvage operation, as well as the subsequent awarded compensation. It is considered a voluntary service rendered in cases such as danger to the wreck, or the surrounding navigable waters. In terms of compensation, it is seen as being awarded to anyone who voluntarily assisted in the recuperation of the wreck, whether it be saved from upcoming danger, or from loss. The law of salvage has its origins in

340-508: A ship in danger of sinking. Per maritime law, one who discovers these artifacts is not required to return them to their rightful owner except in the case where the latter makes a proper claim. However, according to the U.S. National Oceanic and Atmospheric Administration "flotsam may be claimed by the original owner, whereas jetsam may be claimed as property of whoever discovers it". Lagan / ˈ l æ ɡ ə n / (also called "ligan") are goods cast overboard and heavy enough to sink to

374-613: Is a navigable waterway. Title to the lands submerged by smaller streams are considered part of the property through which the water flows and there is no 'public right' to enter upon private property based on the mere presence of water. The scope of the Federal Energy Regulatory Commission (FERC) authority was granted under the Federal Power Act, 1941 (16 U.S.C 791). Such authority is based on congressional authority to regulate commerce; it

SECTION 10

#1732773157784

408-500: Is different from Wikidata All article disambiguation pages All disambiguation pages Jettison (shipping) A wreck is categorized as property belonging to no apparent owner that either sinks to the seabed or floats on the surface of the water, whether it be intentionally cast overboard or as the result of an accident. The term encompasses the hull of the vessel and its fixtures as well as any other form of object on board, such as cargo and stores, and personal effects of

442-491: Is not based exclusively on title to the riverbed [16 U.S.C. 796(8)] or even navigability. Therefore, FERC's permitting authority extends to the flow from non-navigable tributaries in order to protect commerce downstream, [ US v. Rio Grande Irrigation , 174 U.S. 690, 708 (1899)], [ Oklahoma v. Atkinson , 313 US 508, 525]. Also, the Clean Water Act has introduced the terms "traditional navigable waters," and "waters of

476-455: Is required. This affects wrecks by limiting that which is considered "abandoned". Generally, a ship is defined as "abandoned" if there is no hope of recovery, known legally as sine spe recuperandi (which is the Latin phrase for "without hope of recovery"), and this fact must be clearly proven by the salvaging party. It must also occur on navigable waters . The term "salvage" is used to indicate

510-643: The stream bed . Inland Water Transport ( IWT ) Systems have been used for centuries in countries including India, China, Egypt, the Netherlands, the United States, Germany, and Bangladesh. In the Netherlands, IWT handles 46% of the nation's inland freight ; 32% in Bangladesh, 14% in the United States, and 9% in China. What constitutes "navigable" waters can not be separated from the context in which

544-556: The Act is limited to protecting only navigable waters, jurisdiction over these smaller creeks is not absolute and may require just compensation to property owners when invoked to protect downstream waters. Finally, a water-body is presumed non-navigable with the burden of proof on the party claiming it is navigable. The U.S. Forest Service considers a waterbody not navigable until is adjudicated otherwise. see Whitewater v. Tidwell 770 F. 3d 1108 (2014). Therefore, and public rights associated with navigability cannot be presumed to exist without

578-504: The German shore of Borkum ; the lost goods found on the Dutch coast were considered flotsam. Jetsam / ˈ dʒ ɛ t s ə m / designates any cargo that is intentionally discarded from a ship or wreckage. Legally jetsam also floats, although floating is not part of the etymological meaning. Generally, "jettisoning" connotes the action of throwing goods overboard to lighten the load of

612-521: The Roman practice of negotiorum gestio , which dictated that one who preserved or improved upon the property of another was owed compensation from the owner, even if the service was not requested by the latter. The law did not apply to maritime regulations, but were the basis for following ordinances, such as the Marine Ordinance of Trani, which stated that a "finder" was to be rewarded, whether

646-577: The US Army Corps of Engineers as codified under 33 CFR 329 , are those waters that are subject to the ebb and flow of the tide, and those inland waters that are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce while the waterway is in its ordinary condition at the time of statehood. Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), approved 3 March 1899, prohibits

680-416: The United States" to define the scope of Federal jurisdiction under the Clean Water Act. Here, "Waters of the United States" include not only navigable waters, but also tributaries of navigable waters and nearby wetlands with "a significant nexus to navigable waters"; both are covered under the Clean Water Act. Therefore, the Clean Water Act establishes Federal jurisdiction beyond "navigable waters" extending

714-405: The corrosion caused by salinity and ocean currents , or the growth of native and foreign marine organisms. It can also be affected by cultural processes, that is, by human interactions, such as adding or removing materials from the site of the wreck. Any archaeological activity, such as excavation, may also be considered invasive and tampering. In maritime law, different meanings are attributed to

SECTION 20

#1732773157784

748-412: The crew and passengers. This also encompasses the narrower definition of salvage, that is, property that has been recovered from a wreckage, or the recovery of the ship itself. There are a number of factors that contribute to the formation of a shipwreck, which can be divided into physical and cultural processes. A site can be affected by physical processes, that is, naturally occurring processes, such as

782-425: The judiciary can make a definitive ruling as to which are navigable waters.33 CFR 329 For the purposes of transferring property title into public property, the definition of a Navigable waterways closely follows 33 CFR 329. For the purpose of establishing which river is public and therefore state-owned, what is navigable is a constitutional question defined by Federal case law. (See PPL Montana v Montana (2012).) If

816-587: The limited purpose of avoiding obstacles to navigation such as the Mud Pond rapids." However, New York's highest court, the New York Court of Appeals overturned the lower court decisions, and sent the case back to the trial court for consideration of "the Waterway's historical and prospective commercial utility, the Waterway's historical accessibility to the public, the relative ease of passage by canoe,

850-432: The ocean floor, but linked to a floating marker, such as a buoy or cork, so that they can be found again by the person who marked the item. Lagan can also be large objects trapped within the sinking vessel. According to maritime law, a buoy or other floating object constitutes sufficient grounds for laying claim to an artifact. Lagan must be returned to the rightful owner. Derelict can refer to goods that have sunk to

884-421: The ocean floor, relinquished willingly or forcefully by its owner, and thus abandoned, but which no one has any hope of reclaiming. In terms of maritime law, derelict is considered property abandoned on navigable waters which has no hope of being recovered, or sine spe recuperandi , and no expectation of it being returned to its owner, or sine animo revertendi . Navigability A body of water , such as

918-404: The owner claimed the goods or not. The laws have evolved since negotiorum gestio , and today, in the United States, a salvor who voluntarily brings the goods back into port may legally lay claim to them, or deliver them to a marshal, in return for a reward. Flotsam / ˈ f l ɒ t s ə m / (also known as "flotsan") refers to goods from a sunken vessel that have floated to the surface of

952-454: The question is asked. Numerous federal agencies define jurisdiction based on navigable waters, including admiralty jurisdiction, pollution control, to the licensing of dams, and even property boundaries. The numerous definitions and jurisdictional statutes have created an array of case law specific to which context the question of navigability arises. Some of the most commonly discussed definitions are listed here. Navigable waters, as defined by

986-412: The same term [REDACTED] This disambiguation page lists articles associated with the title Jettison . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Jettison&oldid=992848810 " Category : Disambiguation pages Hidden categories: Short description

1020-534: The sea, or any floating cargo that is cast overboard. In maritime law, flotsam pertains to goods that are floating on the surface of the water as the result of a wreck or accident. One who discovers flotsam is allowed to claim it unless someone else establishes their ownership of it. Even when the source is known, items may be considered flotsam claimable by the finder. This occurred with up to 110 cargo containers lost by MSC Zoe in heavy seas in January 2019 off

1054-400: The terms, based on jurisdiction as well as context. For example, a distinction is made between goods that wash ashore and those that are for some reason not salvageable and/or lost at sea. Ownership of a wreck is a highly controversial issue, as there are no clear lines within which it is defined. It may be acquired through various means that range from succession to confiscation. There is also

Jettison - Misplaced Pages Continue

1088-453: The unauthorized obstruction of a navigable water of the U.S. This statute also requires a permit from the U.S. Army Corps of Engineers for any construction in or over any navigable water, or the excavation or discharge of material into such water, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters. However, the ACOE recognizes that only

1122-530: The volume of historical travel, and the volume of prospective commercial and recreational use." The decision by New York's highest court established that recreational 'navigability' alone is not sufficient to prove that a waterway is a public highway in New York State. The US Supreme Court had also found that use of modern water craft insufficient evidence to support a finding of navigability In India there are currently three National Waterways totaling

1156-475: The waterway through private property, it was therefore a public highway. He prevailed in the trial court when sued for trespassing by the owners of the property, a decision upheld by the New York Supreme Court, Appellate Division , Third Department. The land was found "subject to a public right of navigation, including the right to portage on plaintiff's land where absolutely necessary for

#783216