The Earth Science Club of Northern Illinois (ESCONI) was founded in 1949 with an aim to promote public interest in the earth sciences. In addition to advancing education through publications, scholarly lectures, student research grants, and field trips, the club fosters ethical conduct, especially as it pertains to collecting on private property. Personal safety, respectful cooperation, and adherence to the law are paramount to any successful outing. As a member of ESCONI, one is also a representative of the club.
Rule Number 6 of the ESCONI Code of Ethics states specifically, “Members will not collect without appropriate permission on private or public lands.” This is particularly relevant to a case just decided by the Illinois Supreme Court (Holm v. Kodat 127511, June 16, 2022) clarifying private property rights on non-navigable waterways in the state.
The matter of a riparian owner on the Mazon River, or their licensee, having the right to use the river to cross the property of another riparian owner without permission has been for years working its way through the Circuit and Appellate Courts, and most recently the Illinois Supreme Court. On June 16, 2022, it was decided by the Supreme Court that case law (Beacham, 1988) permitting certain lakefront landowners free passage (because property boundaries on the surface of a lake are difficult to ascertain) does not apply to non-navigable rivers like the Mazon River where property boundaries are more established.
Further, under Illinois Common Law – on the books now for well over a century –riparian ownership is considered private property, which includes the riverbed and any articles upon it, the water and its surface. (Two landowners on opposite sides of a river would share a property boundary at the center of the current.) Another angle in the Common Law discussion was that of “reasonable use,” but this concept was found by the court to address consumptive and diversionary uses of water and not the surface of the river to enter another’s property without their consent. Thus, access to non-navigable river property in Illinois is by law not granted without specific landowner authorization. The Supreme Court’s decision was unanimous.
As many of us in the club know, the Mazon River contains exquisite and much sought-after fossils, so scientifically important that a section of the river (on private property) was made a National Historic Landmark in 1997. The Supreme Court’s recent ruling to uphold the Circuit Court’s Order (2018 CH90-March 10, 2020) is definitive. It states that riparian landowners “shall have exclusive rights to all property owned by them, including the land, water, surface of the water, and any and all substance of whatever nature both upon the land and beneath the surface of the Mazon River.” (See also Illinois Supreme Court opinion 127511 June 16 2022).
As enthusiasts for all things Mazon Creek, we must strictly observe the law in this matter. Trespassing and illegal procurement of private property (in this case, fossils) are punishable, so one must seek explicit permission from landowners for access. It is our responsibility as a community, and it will ensure legal and productive collecting for all in the future.
