When a state holds a resource that is available for the free use of the general public, a court will look with considerable skepticism upon any government conduct which is calculated either to reallocate that resource to more restricted uses or subject public uses to the self-interest of a private party.This statement relates to:

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The statement refers to the public trust doctrine, which holds that certain natural resources, such as navigable waters and shorelines, are held in trust by the government for the benefit of the public and cannot be privately owned or controlled. Courts are skeptical of any government action that restricts or transfers control of these resources away from the public.

When a State Holds a Resource That Is Available for the Free