Definition – Avulsion

Avulsion is a sudden and perceptible loss or addition to land by the action of water, or a sudden change in the bed or course of a stream. Anderson v. Cumpston, 258 Neb. 891, ___ N.W.2d ___ (2000); Monument Farms, Inc. v. Daggett, 2 Neb. App. 988, 520 N.W.2d 556 (1994); Valder v. Wallis, 196 Neb. 222, 242 N.W.2d 112 (1976); 78 Am. Jur. 2d, Waters, § 406, p. 852. See also Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957); Conkey v. Knudsen, 143 Neb. 5, 8 N.W.2d 538 (1943); Mercurio v. Duncan, 131 Neb. 767, 269 N. W. 901 (1936).

Where a stream, which is a boundary, from any cause suddenly abandons its old and seeks a new bed, such change of channel works no change of boundary; and that the boundary remains as it was, in the center of the old channel, although no water may be flowing therein. This sudden and rapid change of channel is termed, in the law, ‘avulsion.”‘ Conkey v. Knudsen, 143 Neb. 5, 8 N.W.2d 538 (1943); State of Nebraska v. State of Iowa, 143 U.S. 359, 12 S.Ct. 396, 397 (1892).

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