Eminent Domain- Public Trust Doctrine

Question 1

Public Trust Doctrine

Answer 1

• Government has duty to protect certain land, e.g. navigable waters and coastlines
o Can transfer them to private owners, but can reclaim without compensation
• Public trust doctrine is generally a matter of state law

Question 2

• Illinois Central Railroad v. Illinois (1892)

Answer 2

o IL legislature tries to reclaim more than 1000 acres of submerged lands constituting the Chicago Harbor
o Lands had been granted to IL Central Railroad in 1869 (which had developed the commercial potential of the harbor)
o Ct. says IL can take the land back without compensation

Question 3

• Phillips Petroleum v. Mississippi – S. Ct. (1988)

Answer 3

o F: Swamp lands had been transferred as though private property (to petitioner here); oil and natural gas found under these wetlands, state wants to reclaim the rights (to then lease them to O&G company for $$$); Pet’r had been buying up the right to drill
o I: Does the state own the land under non-navigable, tidal waters?
o H: For the state; when MS joined the union it gained ownership of all land under tidal and navigable waters; thus any private transfers after that time were not valid (thus no takings issue here)
o O’Connor dissent – MS had been treating this land like private property (had collected taxes and never refunded them; had sanctioned the transfer of property ownership) and thus should have been recognized as such (and thus state would need to pay just compensation to reclaim)

Question 4

• Matthews v. Bay Head Improvement Association – NJ (1984)

Answer 4

o F: Many NJ towns had privatized dry sand beach area (e.g. D here) and then sold passes to enter the beach; state argues that public should have right to dry sand too
o H: Ct. announces public right of reasonable access – private associations cannot completely block the public from entering the beach as well as suitable area for recreation on dry sand (e.g. gaining access to the wet-sand area that the state owns)
 Thus D must open membership to public at large and have “reasonable quantity” of daily badges available for non-residents