As you already know, "common law" in this country is based on prior case law decisions- and I'm willing to bet there are no decisions on a fact pattern like that. So it would have to be decided by a court, subject to appeals, etc., and keep in mind that the guvment, with unlimited depth of pocket, is your opponent.
But based on what I've seen, courts are very reluctant to saddle anyone (especially the government) with obligations arising from "acts of God", beyond that which the government is willing to voluntarily take on (which, in our present nanny state mentality, turns out to be quite a bit- FEMA, Disaster Declarations, etc.). So I doubt any court would tell the town to keep the stream within the easement, because whatever the stream does is an "act of God".
Generally, the law of stream erosion is based on accretion vs. avulsion. If it eats away at your side gradually, you just lose it, and as the stream moves your direction, the land "accretes" on the other side, and whoever owns the other side get the additional property. But if you lose it suddenly, in a flood, by the stream cutting a new channel, its "avulsion", and you still own on the other side, up to the former stream bed.
I think you would be wise to convert your "mature" hemlock trees into sawlogs. . .
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Today's Featured Article - The Day Mom Drove the 8N - by Brian Browning. My Dad was wanting to put in a garden but couldn't operate the 8N and handle the old horse drawn plow he had found and rigged up to use with the tractor. Well, he decided to go get Mom out of the house and have her drive the tractor while he walked behind the plow. You got to understand that while my Mom is a hard worker who will always help whenever she can... she had never operated farm machinery before that day. Dad got her out there, explained how the clutch was the same as in our o
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