§ 27-87-104 — Eligibility to keep ferry

(a) Every person owning the land fronting on any public navigable stream shall be entitled to the privilege of keeping a public ferry over or across the navigable stream if that person: (1) Owns the land on both sides or banks; or (2) Shall have possession of both sides or banks by preemption or settlement right and shall be entitled to the sole and exclusive right of ferriage at that place. (b) If the person owns the lands on one (1) side only, or has possession thereof by preemption or settlement right, he or she shall have the privilege of: (1) A public ferry from his or her own shore; (2) Making the landing and road up the opposite bank; (3) Keeping them at all times in good repair and condition for ascending and descending; and (4) An exclusive right to all ferry privileges in any such case shall follow any leasehold interest during the life of the lease and the faithful performance of all municipal, county, and state obligations. (c) The right shall not be impaired by any packet trade or company, or otherwise, under penalty of one hundred dollars ($100) fine of any owner or manager of the packet enterprise or the party in any way violating the spirit or letter hereof, to be recovered by appropriate action in any court having jurisdiction, at the instance of the injured party. (d) Each day's interference shall constitute a separate offense.

Legislative History

Rev. Stat., ch. 62, § 2; Acts 1913, No. 50, § 1, p. 163; C. & M. Dig., § 4694; Pope's Dig., § 5793; A.S.A. 1947, § 76-1702.