By Dennis W. Nixon
This ebook brings jointly the top situations in usa marine and coastal legislations, thereby taking pictures either the ancient improvement of the legislations and crucial modern situations of curiosity to the scholar and the practitioner. Conceptually, the ebook strikes from the shore to the excessive seas, starting with the rules of coastal legislation and finishing with fresh marine pollutants mess ups. on the outset, the possession and limits of submerged lands are explored, by way of the major circumstances 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 vendors are mentioned in chapters regarding 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 in addition to the severe challenge of whilst a law is going too a long way and turns into a "taking." next chapters research country and federal law of fisheries, Indian fishing rights, and the Magnuson Act, which elevated U.S. jurisdiction over fisheries to 2 hundred miles off shore. eventually, Nixon examines the various key matters in admiralty legislations, with an emphasis on catastrophic oil toxins from tankers. this can be an cutting edge textual content valuable to scholars and practitioners of maritime legislation in addition to these concerned with coastal administration and marine affairs.
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Extra info for Marine and Coastal Law: Cases and Materials
But there is no reason to think that different tests of the scope of the public trust apply to salt and to fresh water. Navigability, not tidal influence, ought to be acknowledged as the universal hallmark of the public trust. The public trust doctrine has its roots in English common law. Traditionally, all navigable waterways in England were by law common highways for the public. Both petitioners and respondents have made an effort to ascertain the extent of the king’s rights under English common law.
It holds only that the legislature, when it authorized the city, in its charter, to provide for the construction of wharves and docks, had not impliedly repealed the wharfing statute and thus revoked private wharfing privileges within the city, and that the city did not have the power to build wharves on either private or state-owned land without taking the proper steps to acquire the land it proposed to use. Admittedly, the opinion contains language which might be read as supporting plaintiff’s position in this case.
Rather, this rule represents the American decision to depart from what it understood to be the English rule limiting crown ownership to the soil under tidal waters. In Oregon ex rel. State Land Board v. S. 363, 374 (1977), after recognizing the accepted doctrine that States coming into the Union had title to all lands under the tidewaters, the Court stated that Barney v. ” This Court’s decisions in The Genesee Chief and Barney v. Keokuk extended admiralty jurisdiction and public trust doctrine to navigable fresh waters and the lands beneath them.
Marine and Coastal Law: Cases and Materials by Dennis W. Nixon