BSL 313 Lecture Notes - Lecture 1: Outer Continental Shelf, Endangerment, Exclusive Economic Zone

• School: University of Miami
• Department: Business Law
• Course: BSL 313
• Professor: Turner Giovanni

Document Summary

Case 1: martin v. the lessee of waddell. States have sovereignty over their own coasts. Public right of navigation and fishing (and commerce) The character of this public trust changed upon the independence of the us from. Public trust doctrine: public right to: navigation, fishing and, commerce. Cannot claim land back if it was given away when the area was still a territory (prior to statehood) By general rule: being given piece of property on the water does not automatically grant adjacent submerged lands- own only up to mean high water line (mhwl) Court determined that state can never give away an entire body of water that the state owns, leaving the rest of the public with no part of it. Instance of parcels mentioned for improvement & navigation of waters. When parcels can be disposed of without impairment of public interest in what remains. Borax ltd. v. city of los angeles (1935)