ELR Citation: ELR 20113
No(s). 90-15661 (9th Cir. Sep 23, 1991)

The court holds that a privately held lagoon in Hawaii is not subject to the federal navigational servitude, and the federal government's attempt to require public access to the lagoon may only be accomplished by paying compensation under the Fifth Amendment. The Puko'o fishpond was created by nativ...