By Dennis W. Nixon
This publication brings jointly the prime situations in usa marine and coastal legislations, thereby shooting either the old improvement of the legislation and crucial modern instances of curiosity to the coed 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 toxins mess ups. on the outset, the possession and bounds of submerged lands are explored, by means of the prime instances delineating the general public belief doctrine. That doctrine, which controls the possession and move of submerged and stuffed lands, has performed a serious function 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 region administration Act, is explored besides the serious challenge of while a rules is going too a ways and turns into a "taking." next chapters research kingdom and federal law of fisheries, Indian fishing rights, and the Magnuson Act, which increased U.S. jurisdiction over fisheries to two hundred miles off shore. ultimately, Nixon examines many of the key matters in admiralty legislations, with an emphasis on catastrophic oil toxins from tankers. this is often an leading edge textual content beneficial to scholars and practitioners of maritime legislation in addition to these concerned with coastal administration and marine affairs.
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Extra resources for Marine and Coastal Law: Cases and Materials
C. 1301(a)(2). If tidal waters included discrete bodies of nonnavigable water, this definition would be selfcontradictory. Thus it appears that Congress understood “tidal waters” as referring to the boundaries of the navigable ocean. ” 99 Cong. Rec. 2632 (1953). Although the Submerged Lands Act is not at issue in this case, it is evidence of Congress’s interpretation of the public trust doctrine, and that interpretation is entitled to consideration. In sum, the purpose of the public trust, the analogy to federal admiralty jurisdiction, and the legislative history of the Submerged Lands Act all indicate that the States hold title only to lands underlying navigable waters.
Section 2 of the Oregon Admission Act provides: “All the navigable waters of said State, shall be common highways and forever free . . ” This language, which is taken from the Northwest Ordinance of 1787 and is found in the admission acts of a number of the states, was construed by the United States Supreme Court in Huse v. S. 543 (1886). In that case, the state of Illinois had constructed a lock and dam on the Illinois River and charged a toll for the passage of vessels through the lock. This charge was held not to violate the terms of the Ordinance.
205 (1885), which had construed the same language in the California Admission Act, the court said that the object of this clause In short, we find that the Board’s requirement that riparian owners who have taken advantage of the legislature’s past failure to prohibit their exclusive occupation of the state’s submerged and submersible land pay rental for the privilege of continuing to do so in the future does not violate any right of property. Leases may, therefore, be required of those parties who claim riparian status and who have exercised in the past the privileges accompanying that status.