Supreme Court Cases

  1. 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

  2. Pollard v Hagan

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

  3. US v California (Tidelands opinion)

    • Federal rights are paramount in waters within 3 mi belt and gained exclusive rights to explore and exploit those waters

  4. Alabama v Texas

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

  5. Illinois Central Railroad Co v. Illinois

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

  6. Phillips Petroleum Co v Mississippi

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

  7. Lucas v South Carolina

    • Lucas bought beachfront property, after, regulation was made barring new construction

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

  8. McQueen v South Carolina Coastal Council

    • McQueen’s lands were washed away gradually by erosion and laws prevented filling inundated land because it was now submerged land

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

  9. Surfrider v Martin’s Beach

    • Previous owner allowed beach access, new one prevented and argued takings

    • Ruled access to public was restored in Cali

  10. Juliana v US

    • Young people v united states, does public trust protect for future generations?

  11. Hawaii vs many oil companies

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

    • Keep artificially accreted land if they did not create it

  13. Shulz v City of Dania

    • In Fl, if private property is lost to gradual erosion, the title is given back to the city, even if accretion occurs after.

    • Presumption favors erosion

  14. Municipal Liquidators v Tench

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

  15. Lynnhaven Dunes v Virginia Beach

    • City had nourishment program and lynnhaven argued loss of riparian rights

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

  16. Stop the Beach renourishment Inc vs FDEP

    • Renourished land belongs to state, preserves ability

  17. Shivley v Boulby

    • States can recognize private rights and define limits of PTD, only if it does not have significant impairments to PTD

  18. United States v Rands.

    • Affirmed paramount doctrine for navigational purposes

  19. Western oil v Cory

    • Federal statues are paramount to state

  20. Douglas v Seacoast Products

    • Federal statues are paramount to state

  21. People v Skirioles: 

    • Florida can regulate destructive gear in federal waters

  22. People v Weeran:

    • Upheld conviction of commercial fishers who caught swordfish in federal waters violated CA law

  23. Palazzo v RI

    • Still ruled takings even when land was bought after regulations

  24. Kelo v New London

    • Municipality could use eminent domain for economic development