A water boundary determined by tidal In 1953 Congress also passed the Outer Continental definition is thus not a fixed, visible mark on the Shelf (OCS) Lands Act,"' which constituted Congress' ground, such as a roadway or fence, but represents first assertion of "jurisdiction over the vast submarine a condition at the water's edge during a particular area that fringes our coasts and over which the high instant of the tidal cycle."2' seas flow."' This law applies to those submerged lands lying The English common law recognized the physical seaward of the lands owned by the states. Space on (1) the threshold issue of what constitutes the legal does not permit a detailed analysis here.
In England, the public's rights in tidelands increased By and large, most American coastal states have through the centuries following the Magna Carta adhered to the basic English common-law rule that (1215).
Statutes and decisions in cases recognized these the ordinary high-water mark-or its updated, more expanding public rights to navigate and fish in tidal scientific counterpart, the line of mean high water- waters and to use the lands underlying such waters constitutes the legal boundary between privately for related purposes. As a gen- With the increasing tempo of English commerce eralization, subject to many qualifications, 16 coastal and the industrial revolution, the development of the states deem the mean high-water line to be the pri- public trust doctrine accelerated. tidal boundary."3 Jus publicum, as the jurists and legal scholars refer The civil-law rule of private/public tidal boundary to such public trust easements, thus is distinguishable determination has had an effect in Louisiana and, to from jus privatum, or the proprietary right in tidelands a lesser extent, in Texas.
The articles in this series use "coastal zone" to HISTORICAL BACKGROUND OF THE LAW refer to that area consisting of three categories of land: A. Uplands, or littoral lands lying landward of Contemporary United States law relating to the (above) the line of mean high water, including (for coastal zone stems from principles developed in two this purpose) swamp and overflowed lands and the majorsystemsofjurisprudence: (I) the civil law, which dry-sand portion of beaches.
This tidc and submerged lands.' But this statement is development "... In fact, there is evidence that early English product of (1) the English Government's desire to kings granted favored lords title to and exclusive unify the colonies for purposes of the empire's com- private rights of fishery in many tidal areas.' mercial gain: and (2) the colonists' desire to gain While the Magna Carta (1215) expressly addresses freedom from tyranny and exploitation by asserting navigational and fishing rights only briefly, some legal the inherited 'rights of Englishmen.' "'3 commentators believe that it was a turning point in English coastal law.' Subsequently. Effect of the American Revolution and the Indepen- the public in tidal waters was given greater legal dence of the Former Colonies protection in England. by virtue of their new sovereignty, succeeded to the is credited with developing the theory that the crown rights of the English crown and Parliament in colonial owns the lands underlying tidal waters. Absolute title to all tidelands was vested during the reign of Queen Elizabeth I.
Ironically, about the same time Lord Hale was The case of1 Irit,,rmnv- G;crlrdx. to a measured." depth of 200 metres or, beyond that limit.
('hanber.%., ' decid- writing about his perception of the types of tide, ed ini 1854. state/federal boundaries, delimiting classifications of lands within the coastal zone, involves use of data B. In the United States, Generally, the coastal states or their governmental this information is compiled and published by the grantees own the tidelands, subject to the public trust National Ocean Survey (NOS).' easement to be discussed below, except for lands Essentially, tidal boundary determination is a func- validly granted into private ownership by prior foreign tion of the relationship between ( ) a vertical elevation or colonial governments or conveyed by the states and (2) a horizontal element. Submerged Lands The term "submerged lands" has been used generi- "Boundaries determined by the course of the cally in this article to describe lands lying seaward tides involve two engineering aspects: a vertical of the line of mean low water. But Texas and Florida (as to its Gulf of The first is derived from tidal observations alone. But a more precise one, predicated on the height reached by the tide during its vertical rise and fall. etc., and a horizontal one, related Under the Submerged Lands Act of 1953," the to the line where the tidal plane intersects the shore coastal states, in general, own the submerged lands to form the tidal boundary desired, for example, within a 3-geographical-mile-wide belt beyond the mean high-water mark. Mexico coast only) have title to submerged lands to and, once derived (on the basis of long-term ob- a line 3 leagues, or 9 geographical miles. in the absence of all and final book in Sir Isaac's Principia was published usavl.. Origin and l)evelopment equated with the technical phrase "line of mean high Although generally referred to as the commll On-law water," and that the boundary is the intersection of water,'' and that the boundary is the intersection of' public trust doctrine, the concept that the public has the tidal datum of mean high water, as determined the right to use navigable waters irrespective of who by the Federal Government, with the land. it) the rihlts 1i Itcl ( 'ro, n (,m the sea-shore." in 1687, planetary motions were explained under his .7.. owns the underlying lands dates back to ancient Rome. The Right of' Property in [Tidce Wlaerrs- and in the to the quahlfication stated in the text accompanying note 35, Soil and Shores Ihereof J 19-21 (2d ed. the doctrine of the crown's The term "federal navigational servitude" refers prina facie title in tidelands was generally accepted to the Federal Government's paramount authority to under English common law within the following cen- control and regulate the navigable waters of the United tury. I), an influential jurist States under the commerce clause.Tags: Adult Dating, affair dating, sex dating