Supreme Court Cases

Martin v Waddell

States acquired title to submerged lands beneath navigable waters at independence and have the authority to grant land and retained duty to hold those lands in public trust.

Pollard v Hagan

Under the Equal Footing Doctrine newly admitted states enjoy rights as original states, and therefore also acquire land under navigable waters.

US v California (Tidelands opinion)

Federal rights are paramount in waters within the 3-mile belt and gained exclusive rights to explore and exploit those waters.

Alabama v Texas

SLA was upheld and congress has right to relinquish to the states.

Illinois Central Railroad Co v. Illinois

Illinois cannot abdicate the role of public trustee, could not grant submerged land in the first place, affirmed repeal.

Phillips Petroleum Co v Mississippi

Expanded public trust to non-navigable, tidally influenced land.

Lucas v South Carolina

Established that a regulation that leaves a property owner with no economically viable use of their land constitutes a taking.

McQueen v South Carolina Coastal Council

Not ruled a takings because it was gradual erosion, law was established, and took risk when he bought it.

Surfrider v Martin’s Beach

Ruled access to public was restored in California after the new owner prevented beach access.

Juliana v US

Case questioning whether the public trust protects rights for future generations.

board of trustees of internal improvement trust fund vs sand key associates

Keep artificially accreted land if they did not create it.

Shulz v City of Dania

In Florida, if private property is lost to gradual erosion, the title is given back to the city, favoring erosion.

Municipal Liquidators v Tench

If private property claims avulsion, they have the burden of proof.

Lynnhaven Dunes v Virginia Beach

Ruled city holds quiet title but riparian/littoral rights can be compensable.

Stop the Beach renourishment Inc vs FDEP

Renourished land belongs to state, preserves ability.

Shivley v Boulby

States can recognize private rights and define limits of PTD as long as it does not significantly impair PTD.

United States v Rands

Affirmed paramount doctrine for navigational purposes.

Western oil v Cory

Federal statutes are paramount to state.

Douglas v Seacoast Products

Federal statutes are paramount to state.

People v Skirioles

Florida can regulate destructive gear in federal waters.

People v Weeran

Upheld conviction of commercial fishers who violated California law in federal waters.

Palazzo v RI

Still ruled takings even when land was bought after regulations.

Kelo v New London

Municipality could use eminent domain for economic development.