Determination of public use of a lake

Sec. 14.5. (a) For purposes of determining the acquiescence of a riparian owner to allow the public use of a lake, indicators of acquiescence include the following: (1) Evidence that the general public has used the lake for recreational purposes. (2) Evidence that the riparian owner did not object to the operation by another person of a privately owned boat rental business, campground, or commercial enterprise that allowed nonriparian owners to gain access throughout the lake. (3) A record of regulation of previous construction activities on the lake by the department or the department of conservation (before its repeal). (b) Acquiescence does not exist if a lake has been adjudicated after March 12, 1947, to be a private lake and the department, or the department of conservation (before its repeal), was a party to the adjudication. As added by P.L.6-2008, SEC.9.