Shore and Sea Boundaries


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Public Trust Rights


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Boundaries of the Coastal Zone


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Natural Resources Code


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Worlds in Shadow


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Discover ancient civilizations that have disappeared beneath the ocean's surface and explore how the science of submergence adds to our knowledge of human history. The traces of much of human history – and that which preceded it – lie beneath the ocean surface; broken up, dispersed, often buried and always mysterious. This is fertile ground for speculation, even myth-making, but also a topic on which geologists and climatologists have increasingly focused in recent decades. We now know enough to tell the true story of some of the continents and islands that have disappeared throughout Earth's history, to explain how and why such things happened, and to unravel the effects of submergence on the rise and fall of human civilizations. In Worlds in Shadow Patrick Nunn sifts the facts from the fiction, using the most up-to-date research to work out which submerged places may have actually existed versus those that probably only exist in myth. He looks at the descriptions of recently drowned lands that have been well documented, those that are plausible, and those that almost certainly didn't exist. Going even further back, Patrick examines the presence of more ancient lands, submerged beneath the waves in a time that even the longest-reaching folk memory can't touch. Such places may have played important roles in human evolution, but can only be reconstructed through careful geological detective work. Exploring how lands become submerged, whether from sea-level changes, tectonic changes, gravity collapse, giant waves or volcanoes, helps us determine why, when and where land may disappear in the future, and what might be done to prevent it.




The Tidelands Oil Controversy


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This study is not written from the narrow perspective of “Who gets the oil?” It is a thoughtful probing of an issue—the ownership and control of the submerged soils of the marginal sea—the outcome of which may go far to determine the division of powers between states and nation under the American federal system. American constitutional law, international law, theory of federalism, American politics, the machinations of pressure groups, use of propaganda techniques, and issues of social and economic policy—all these features of American government and many more are inherent in the controversy. In 1947, in a precedent-making decision, the Supreme Court enunciated the principle that the federal government, not the states, has “paramount rights in and power over” the marginal seas which border the coastal states, and has “full dominion over the resources under that water area, including oil.” For more than 150 years the littoral states had exercised uncontested jurisdiction and ownership over the marginal-sea area, subject only to the powers specifically granted to the national government by the Constitution. The states had regulated the fisheries within the three-mile limit, applying state laws to vessels licensed under federal statutes. Long before oil possibilities were thought of, they had granted or leased areas in the marginal seas to private persons and corporations for purposes of land reclamation and harbor development, dredging for sand and gravel, development of oyster beds, and similar projects. These property rights can far exceed in value the wealth to be derived from petroleum. A just settlement of the issue, says the author, calls for restoration to the states of control of the marginal sea out to their historical boundaries—three miles in most cases; three leagues, or ten and one-half miles, in the case of Texas and the west coast of Florida. This study is based upon thorough investigation of all literature on the subject and personal interviews and correspondence with leaders on both sides of the controversy.







Federal Public Land and Resources Law


Book Description

This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.







Lakefront


Book Description

How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.