With the American Revolution, the former colonies, Thomas Digges. he wrote a in the original states, in trust, except for those lands treatise entitled Proofs of the Queen's Interest in Lands that had been previously and validly granted into lefi bh the Sea and the Salt Shores thereof. 4 English legal scholar stated: "By this treatise was In 1789 the original states surrendered to the Federal first invented and set up the claim of the Crown to Government some of their rights in the tidelands by the foreshore. salt marsh, and derelict adopting the United States Constitution. which pro- land in right of the prerogative."' vides the bases of the Federal Government's com- Although the English courts did not immediately merce clause powers and its admiralty jurisdiction.' embrace Digges' theory. which are the fluxes of the sea at those tides that happen at the two equinoxials; . the disciplines of law and science apparently did not comnlprchcnd one anotfher's views about the Lord Hale's designation of 'neap tides' nature of the tide. shows that it is susceptible of two interpretations: [)uring the IXth and 19th centuries. defines high seas as "all as the continental shelf. Snrlnmarl I/ I 'gaitl illgndlar fl Determinatrin Rules universal theory of gravitation.2" (lith' I 'nited.s'taul. The court, after considering Lord Hale's 1666-67 The early Roman civil law provided that the sea legal treatise on the types of shorelands and the 1854 and the shoreline were held in common. harhours are public so be determined by using the mean of all the high waters that all persons have a right to fish therein over an 18.6-year tidal cycle. as of the In essence, the Borax decision applies modern sea itself, ispartofthelaw ofnations: consequently. I IIt 35lt tihe t Iitcd States Supreme Unfortunately, Lord Hale died before the publica- Still s landlark de Isi'n ( tidal boundarv deter- tion of Principia and it appears that no other English ilttiatin v; a ' ret l(i1d i11, H,'run. One transla- English Chambers decision, rejected the use of "neap tion of the Institutes of Justinian reads in part: high tides" for determining the ordinary high-water mark. scientific and technical data to the English Chambers everyone is free ...
regardless of the Coast, many Americans from diverse disciplines of whether they are in state or federal ownership. This examinination into the nature, civilizations that grew and prospered-and sometimes problems and potential of the coastal zone is more declined-along the shores of tidal waters provide meaningful when based upon an understanding of the prologue for today's law of the coast in the United fundamental legal principles applicable to the lands States. summarizing some of these principles, a working But we do know that the roots of our contemporary definition of the term "coastal zone" is necessary. commerce and navigation during the Roman Empire, 14 SHORE AND BEACH influenced the development of the civil law of the who was to become lord chief justice, espoused coast.
they are deemed to have the same sovereignty and property rights as the original 13 states.'" This i - F~ concept is known as the equal-footing doctrine. Upon creation of a new sovereign state from such acquired areas. exclusive jurisdiction and control and the adjoining state-owned lands.
- C ^ ~ Under this doctrine, as the United States acquired additional territory, title to all lands beneath tidal and other navigable waters vested in the nation, subject IFS~ -i:? or from the lands formerly within ii J,- an older state, the new coastal state became vested Fig. The legal effect of physical changes in the location of the tidal boundaries and other tide-defined contour TITLE TO LANDS WITHIN THE COASTAL ZONE lines-resulting from accretion, erosion, reliction or avulsion-has been another frequently disputed sub- A. In general, most littoral lands along the American coasts are privately owned. Basic Elements in Tidal Boundary Determination portion of these uplands is owned by various govern- mental entities, ranging from the Federal Government Determination of both private/state boundaries and to municipalities. Shalowitz, the legendary lawyer, engineer and author for NOS's predecessor agency: C.
is Ihe classic I:nllish cornnion-law tidal another Englishman, Sir Isaac Newton (1642-1727) houindarv decicion. 2), was evolving the first workable scientific ruled that the oidinaii high-xealar mark was to be tidal theory, based upon his universal theory of grav- determined b\ 'the a'\cl ;lce ol the meadiunnl tides in itation.
In 1666, Sir Isaac "began to think of gravity eachll qlt;ler l 1 ; Ithir cvhlltiuon during the year extending to the orb of the moon." When the third I1xn1h inecl tlie limit. in interpreting TILE PUBLIC TRUST DOCTRINE a federal upland patent bordering on tidelands, the legal term "ordinary high-water mark" should be A. Fiffany, The o J Real Properlr �660h (3d fal Legal Signilicancef othee an ih ater Line in Coiasal ed.
the common-law (I) all the tides that occur between the full and ternl "ordinary high-waler mark" cncrall! and (2) only those tides that ounio/.e in I-nlland as dcscrihing the boundary be- occur twice a month at the time of the first and tmecn the sover Cigil's tidelarnds and the adjoining third quarters when the moon is in quadrature."2' prixacilv owned littoral lands. The convention went in force for parts of the sea that are not included in the territorial sea or in the internal waters" of a coastal nation. Report depth of the superjacent uwpaters admits of the exploitation of the Panel on Management and Development of the Coastal Zone of the natural resources of the said areas; (b) to the seabedl.