 |
Some Legal Problems of Tidal Marshes
John Briscoe, California State Office of the Attorney General
 |
Download the Paper
(1.1 MB, PDF file) -
January 1, 1979
|
Tell a colleague about it. |
|
Download times may be lengthy depending on your connection speed.
|
|
Printing Tips:
Select 'print as image' in the Acrobat print dialog if you have trouble printing.
|
|
ABSTRACT:
Three legal problems that afflict tidal marshes are (1) the rights and liabilities of persons seeking to alter the natural condition of a marsh, (2) boundaries of ownership interests within a marsh, and (3) boundaries of the jurisdictions of government agencies having power to regulate filling, dredging or other activities within the marsh. 1) The legal theories of public nuisance and public trust are means of preventing or remedying demonstrable injury to a tidal marsh. Several cases demonstrate the law’s need in this context for an understanding of the processes of the tidal marsh. 2) To determine ownership interests within a tidal marsh it is often critical to locate the line of mean high water (MHW) in either its present or some prior position. 3) Similarly, the geographical extent of the authority of government bureaus to control filling, dredging, or other human activities within tidal marshes is often a function of tidal datums. For this purpose the lines of MHW and of mean higher water (MHHW) (in either the present or some past location of the line) are most frequently employed.
SUGGESTED ONLINE CITATION:
John Briscoe.
1979.
Some Legal Problems of Tidal Marshes. In: Conomos, T. J., editor. San Francisco Bay: The Urbanized Estuary.
http://www.estuaryarchive.org/archive/conomos_1979
|
 |
Suggestions for New Content
Nominate a document for inclusion in the Archive.
Notification of New Content
Join the Archive email announcement list.
Visit our Companion Journal
|
|
|
|
