By Dennis W. Nixon
This booklet brings jointly the prime instances in usa marine and coastal legislation, thereby shooting either the historic improvement of the legislation and crucial modern instances of curiosity to the scholar and the practitioner. Conceptually, the booklet strikes from the shore to the excessive seas, starting with the principles of coastal legislation and finishing with contemporary marine toxins mess ups. on the outset, the possession and limits of submerged lands are explored, via the major situations delineating the general public belief doctrine. That doctrine, which controls the possession and move of submerged and crammed lands, has performed a serious position within the redevelopment of yankee city waterfronts. The rights and duties of coastal land proprietors are mentioned in chapters concerning riparian rights, the federal navigational servitude, and the public's expanding calls for for entry to the shore. The congressional reaction to a number of use conflicts alongside the shore, the Coastal area administration Act, is explored besides the severe challenge of while a rules is going too a ways and turns into a "taking." next chapters research country and federal rules of fisheries, Indian fishing rights, and the Magnuson Act, which extended U.S. jurisdiction over fisheries to 2 hundred miles off shore. ultimately, Nixon examines the various key concerns in admiralty legislations, with an emphasis on catastrophic oil pollutants from tankers. this can be an cutting edge textual content worthwhile to scholars and practitioners of maritime legislation in addition to these concerned with coastal administration and marine affairs.
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Example text
We are unwilling, after its lengthy history at common law, in this Court, and in many state courts, to abandon the ebb and flow rule now, and seek to fashion a new test to govern the limits of public trust tidelands. Consequently, we hold that the lands at issue in this case were within those given to Mississippi when the State was admitted to the Union. IV. Petitioners in passing, and amici in somewhat greater detail, complain that the Mississippi Supreme Court’s decision is “inequitable” and would upset “various .
But the Mineral Lease Commission decided to use the maps as a basis for issuing oil and gas leases on what appeared to be state-owned lands. , Inc. Petitioners, holders of record title, filed a complaint in Chancery Court to quiet title to the 600 contested acres and an additional 1,800 acres in the area. The Chancery Court decided that the public trust included lands underlying all tidally influenced waters. 863 acres of the land belonged to the State of Mississippi. On appeal, the Supreme Court of Mississippi reduced Mississippi’s claim by another 98 acres to account for land underlying two artificial lakes.
And we will not now enter the debate on what the English law was with respect to the land under such waters, for it is perfectly clear how this court understood the common law of royal ownership, and what the Court considered the rights of the original and the later-entering States to be. As we discuss above, this Court has consistently interpreted the common law as providing that the lands beneath waters under tidal influence were given to the States upon their admission into the Union. It is true that none of these cases actually dealt with lands such as those involved in this case, but it has never been suggested in any of this Court’s prior decisions that the many statements included therein—to the effect that the States owned all the soil beneath waters affected by the tide—were anything less than an accurate description of the governing law.