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. Due to this nation's dual legal system, jurisdiction is divided between the federal courts and the various states' courts. 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.
Government Printing Office, gov] The Law of the Coast in a Clamshell' Part 1: Overview of an Interdisciplinary Approach BY PETER H. Tidelands, or those lands lying between the lines of mean high and mean low water, referred to in T n HE COASTAL ZONE-that fragile strip of the earth England and some states as the foreshore. Submerged lands, or those lands lying seaward mankind for centuries. the coastal waters (including the lands Although legal scholars traditionally have cited ear- therein and thereunder) and the adjacent shorelands lier laws and customs as the bases for contemporary (including the waters therein and thereunder), rules of law, the important role that science and strongly influenced by each other and in proximity technology play in the application of these current to the shorelines of the several coastal states, and rules-particularly those governing the determination [including] transitional and intertidal areas, salt of tidal boundaries-is sometimes overlooked or un- marshes, wetlands, and beaches. ncluding a hnre 13 original states and most later-admitted states.
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 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.
As one treatise Outer Continental Shelf Lands Act, the United States puts it: "The sea shore or foreshore [i.e., tidelands] has jurisdiction over these submerged lands, and the is therefore a movable freehold varying as the water secretary of the interior may lease the lands for gradually and imperceptibly recedes or encroaches exploration and drilling of mineral resources.2" . various physical processes affecting the coastal zone. The Basic Legal Rules of Demarcation of Tidal Boundaries A legal boundary defined in terms of the tide-- whether a high-water or a low-water boundary--is the intersection of the relevant local tidal datum with the sloping shore delimiting the boundary.24 No uniform American rule of law concerning de- marcation of tidal boundaries is universally applicable in all federal and state courts. Under the Roman law's principle of communal ownership of the seashore, the - boundary between privately and publicly owned - .