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29-525: The town is located on the northeast coast of Lolland where the Sakskøbing River flows into the Sakskøbing Fjord, a narrow but navigable sea inlet, the innermost part of which constitutes the port of Sakskøbing. Mentioned for the first time in 1240, it arose as a ford over the river, and is referred to as a market town as early as 1270. The town is mentioned for the first time as "Saxakopingh" in

58-481: 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' the waterway through private property, it

87-595: A municipality with an area of 907 km² and a total population of 63,533 (2005). The new municipality belongs to Region Sjælland (Region Zealand). The town is served by Sakskøbing railway station , located on Lollandsbanen , a railway line between Nykøbing Falster and Nakskov , which is operated by the railway company Lokaltog A/S since 2015. Sakskøbing is located on European route E47 connecting Lübeck in Germany to Helsingborg in Sweden via Copenhagen , as well as

116-437: 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 the stream bed . Inland Water Transport ( IWT ) Systems have been used for centuries in countries including India, China, Egypt,

145-487: A total population of 9,299 (2005). Its last mayor was Kaj Petersen a member of the Social Democrats ( Socialdemokraterne ) political party . To the north is Tår's Cove ( Tårs Vig ) and beyond that Rågø Strait ( Rågø Sund ), the waterway which separates Lolland from Zealand . A finger of Rågø Strait cuts into the former municipality forming Sakskøbing Fjord and then Sakskøbing River ( Sakskøbing å ) which meanders through

174-551: 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 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

203-497: Is 48 metres high, was built in 1852. The water tower in Sakskøbing, nicknamed "Saxine" or "the smiling water tower", is a 33 meter tall water tower and a landmark for the town. The tower was built in 1908 by Christiani & Nielsen , but did not receive its smile until 1982, when the architect Flemming Skude decorated it. The former Sakskøbing Municipality, including the small island of Vigsø, covered an area of 176 km², and had

232-573: 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 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:

261-565: Is located by a tunnel valley , a glacial terrain formation which runs from Sakskøbing in the northwest to the Guldborgsund strait in the southeast. It is located where the Sakskøbing River ( Danish : Sakskøbing Å ) empties into the Sakskøbing Fjord , an approximately 8 km (5.0 mi) long narrow and navigable inlet of Smålandsfarvandet , the body of water between the islands of Zealand , Lolland, Falster and Møn , and which on

290-606: Is moved by this mode of transport. Waterways provide enormous advantages as a mode of transport compared to land and air modes of transports. Region Zealand Region Zealand ( Danish : Region Sjælland ) is the southernmost administrative region of Denmark , established on 1 January 2007 as part of the 2007 Danish Municipal Reform, which abolished the traditional counties ("amter") and set up five larger regions. Zealand Region has 17 municipalities. The government intends to merge R Sjælland with R. Hovedstaden 1 January 2027. The 41 member regional council will be elected in

319-498: 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 a distance of 2921 km. They are: It is estimated that the total navigable length of inland waterways is 14500 km. A total of 16 million tonnes of freight

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348-571: The Danish Census Book from 1240. Already in 1270 it was referred to as a market town together with the town of Nakskov in Western Lolland. In the Middle Ages , Sakskøbing was a mint , where the coins were minted with the two sheep shears known from the town's coat of arms . Before he was king, King Christopher II of Denmark (1276–1332) resided in Sakskøbing from 1289 to 1315 when he

377-461: The 2025 Danish local elections . Zealand Region consists of the former counties of Roskilde , Storstrøm , and Vestsjælland . The region is named after the island of Sjælland ( Zealand ), which it shares with the neighbouring Danish Capital Region . Region Zealand ( Region Sjælland ) also includes the adjacent islands of Lolland , Falster , and Møn . The region is subdivided into 17 municipalities: The Gross domestic product (GDP) of

406-484: The Danish national road 9 connecting Odense on Funen to Nykøbing Falster on Falster by way of Funen , Langeland and Lolland . Lolland Falster Airport is located south of Sakskøbing between the towns of Holeby and Rødby . Navigability A body of water , such as 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

435-513: The Clean Water Act. Therefore, the Clean Water Act establishes Federal jurisdiction beyond "navigable waters" extending 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

464-698: 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, 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

493-640: 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 the question is asked. Numerous federal agencies define jurisdiction based on navigable waters, including admiralty jurisdiction, pollution control, to

522-489: 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 the judiciary can make a definitive ruling as to which are navigable waters.33 CFR 329 For

551-463: 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 the unauthorized obstruction of a navigable water of

580-637: 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 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

609-434: The former municipality, as well as through Nykøbing Falster and Nysted until it terminates near the town of Bregninge. On 1 January 2007 Sakskøbing Municipality ceased to exist as the result of Kommunalreformen ("The Municipality Reform" of 2007) . It was merged with existing Nykøbing Falster , Nysted , Nørre Alslev , Stubbekøbing , and Sydfalster municipalities to form the new Guldborgsund Municipality . This created

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638-438: The last stretch to Sakskøbing narrows completely so that it looks more like a river than a inlet . Sakskøbing Church is a late Romanesque brick building with a late Gothic tower. It was built around the year 1200; in the following centuries, the original church was extended with a nave and tower. The altarpiece , which dates back to the 16th century, is a late Gothic wood carving work from Lübeck . The present spire, which

667-458: 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 the US Army Corps of Engineers as codified under 33 CFR 329 , are those waters that are subject to

696-426: 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 is a navigable waterway. Title to the lands submerged by smaller streams are considered part of

725-635: 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 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

754-406: 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 a river was considered navigable at the time of statehood, the land below

783-479: 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 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,

812-459: Was Duke of Lolland , and again in his last years. The town suffered from several fires, including in 1728, 1784 and 1800. In 1874, Sakskøbing was connected to the Danish rail network as the Lollandsbanen railway line between Nykøbing Falster and Nakskov was opened. Sakskøbing is located on the north-eastern part of the island of Lolland in a flat and fertile moraine landscape. The town

841-487: 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 the limited purpose of avoiding obstacles to navigation such as

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