Implied Dedication/Public Trust Doctrine

Question 1

Owner must have an intent to :

Answer 1

dedicate land to public, but intent can be inferred from certain factors:

Question 2

Implied dedication factors

Answer 2

1) opening to public; 2) Acquiescence in use as public; 3) Public use for extended period of time; 4) repaired/maintained by public

Question 3

Rogers v Sain

Answer 3

Intent probably doesn’t have to be actual
a) F: prior use by πs (though not continual use to constitute prescriptive easement); Post Office used road, former declaration as public; county maintained road–>road implicitly dedicated for public use (private road–>public one)

Question 4

1) PT doctrine:

Answer 4

navigable waters and tidal lands are preserved for public use in navigation, fishing, recreation–> imposes limit on state’s ability to transfer to private Co.’s

a. if state does transfer = invalid = can take land back w/o comp
b. IL Central Railroad: invalid st transfer of submerged land around Chicago harbor to rrno comp required

Question 5

PT/Change in circumstances?

Answer 5

inalienability is permanent for non-navigable land that used to be subject to tide
b) Ebb and flow doctrine: entry into union = states received ownership of lands subject to tide ebb/flow

Question 6

3) Access to PT land? Use of private land to enjoy PT land?

Answer 6

Public must be given both access and use of privately-owned dry sand areas as reas’ly necessary for recreational use of PT land (beach, wet-sand area)

i) Prof: this is anomalous law (only in NJ) and very controversial
ii) Argument: if you have the right to use, you should have the right to reas access
iii) easier case since this is a town association, but what if just private owners- would each have to provide access