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In the US, Public Trust Positions can either be moderate-risk or high-risk. [ 21 ] [ 22 ] Depending on the federal agency involved, individuals found unsuitable may be able to appeal that decision. [ 23 ]
In Oregon, a 1967 "Beach Bill" affirmed the state's public trust doctrine, and the right of the public to have access to the seashore virtually everywhere between the low and high tide marks. In California the situation is more complicated: private landowners often try to block traditional public beach access, which can result in protracted ...
The public trustee is an office established pursuant to national (and, if applicable, state or territory) statute, to act as a trustee, usually when a sum is required to be deposited as security by legislation, if courts remove another trustee, or for estates if either no executor is named by will or the testator elects to name the public trustee.
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Despite the common misconception, a public trust position is not a security clearance, and is not the same as the confidential designation. Certain positions which require access to sensitive information, but not information which is classified, must obtain this designation through a background check.
Though Illinois Central is frequently cited as the source for American public trust law, it was several decades before, in Martin v. Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. [2] Still, Illinois Central has been referred to as "the Lodestar in American Public Trust Law". [2]
A typical position of trust at the personal level involves child custody or power of attorney. The same would be true for the five standard professions; medicine, law, finance, education and engineering. Any regulated profession dealing with the health and safety of others usually requires certification and licensing and would be a position of ...
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