By Jack H. Archer
ISBN-10: 0870238981
ISBN-13: 9780870238987
Public belief is the concept that the kingdom is obliged to regulate convinced homes and linked rights lower than its regulate within the public curiosity. This quantity outlines rationales and techniques for employing the doctrine of public belief to modern environmental administration of coastal parts.
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18. , Livingston v. Jefferson, 1 Brock. 203, Fed. case No. 8, 411 (Cir. Ct. Va. 1811); Fitch v. Brainerd, 2 Day 163 (Sup. Ct. Errors, Ct. 1805); 1 Laws of the Commonwealth of Pennsylvania, c. 726 of the session ending Jan. 21, 1777; Mass. Const. of 1780, ch. 6, sec. 6. 20 This division of ownership interests between the Crown and the people restricted the use of public trust land. The jus privatum in public trust land, whether held by the Crown or by an owner claiming through the Crown, theoretically yielded to the paramount jus publicum of the English people.
R. v. S. 1 (1892). 42. Id. at 453. 43. Id. at 460. 44. Id. at 455. Page 12 The Supreme Court recognized this distinction less than thirty years later when it held that in certain circumstances a state can terminate its control over public trust land by conveying it to private parties. Appleby v. City of New York45 involved a conveyance by New York City, with the state's approval, of a relatively small portion of land submerged under the Hudson River. When the city later tried to regulate and preserve navigation over this area, the Court sustained the owner's trespass action against the city.
S. 161 (1891). 29. Hardin v. S. 371, 382 (1891). 30. Id. at 383. See Phillips Petroleum, 484 at 483; and ch. 2, sec. F dealing with conveyances of public trust lands and termination of the trust. 31. Smith v. S. 71, 74 (1855). 35 The breadth of the state's authority to regulate public trust lands is directly related to the public interests that the doctrine is intended to protect. 36 3. The Definitive Supreme Court Cases Four United States Supreme Court cases dominate our modern understanding of the public trust doctrine.