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 - On the Road with Dave Gohl: Auction Musings - by Dave Gohl. I was thinking the other day about all the auctions I've been to in the last few years. There've been many. Some have been very good, some have been well, disappointing to say the least. But no matter how good or bad auctions may be, we always seem to stay until the item we've come for or are interested in is on the block. I've been to some auctions near and far. I think the furthest has been the Two Cylinder 7 in the Amana Colonies last year. Lots of stuff, lots of people. I've also atten
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