Navigation servitude refers to the public right of navigation united states v 412715 acres of land 53 f supp 143 148 d cal 1943 this term is used to describe the paramount interest of the us in navigation and the navigable waters of the nation. Navigational servitude endorsement underwriting guidelines before coverage can be given against the exercise of the navigational servitude rights of the federal government a review of the maps and surveys of the area indicating the extent of filling must be made and such maps and surveys should show the proximity of the proposed insured premises to any channels navigational aids or deep . Navigational servitude riparian rights in navigable waters are subordinate to the publics common right of navigation this is called a navigational servitude structures placed within or over navigable waters by riparian owners are subject to blockage by public works and uncompensated removal if determined to cause an obstruction to navigation. A navigational servitude relieves the federal government of the obligation to pay compensation for acts interfering with the ownership of riparian littoral or submerged lands the federal governments dominant servitude may be asserted as a defense to a regulatory takings claim if there is a showing that the regulatory imposition was for a
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