Land lying between the lines of high- and low-water mark.
2
Land adjacent to a body of water regardless of whether it lies below or above the ordinary high- or low-water mark.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
Land lying between the lines of high- and low-water mark.
Examples1
Public Trust Claim On Shore
Sabrina Shah owns upland parcels bordering a lake. The state asserts that public navigation rights along the shore prevent her from restricting access. Under the applicable rule those rights do not qualify as servitudes that bind her title.
4 common questions
Sense 2
2
Sense 2
Land adjacent to a body of water regardless of whether it lies below or above the ordinary high- or low-water mark.
Examples5
Issue Preclusion In Shore Dispute
Stella Shapiro owns shore land next to a marina. An earlier action already determined the boundary between her parcel and the water's edge. The court permits offensive use of that finding against the marina because fairness considerations are satisfied.
Does condemnation of shore land automatically extinguish an easement for beach access?
Condemnation of the burdened estate modifies or terminates a servitude only to the extent the new public use conflicts with continued exercise of the easement. The easement survives in modified form when the basic purpose remains compatible with the new layout.
Supporting sources
When does an express condition in a shore path easement cause termination?
A servitude created by express grant ends by its own terms when a stated terminating event occurs. Fencing the shoreline so that the servient parcel no longer provides lake access satisfies a condition limiting duration to cessation of access.
Supporting sources
Is intentional entry onto a private shore beach trespass even without physical damage?
Trespass to land is complete upon intentional physical invasion of the possessory interest. Causing third persons to step from boats onto the beach satisfies the intent element and supports liability without proof of actual harm.
Supporting sources
May a shore resort use prolonged handcuffing to protect its beach from trespassers?
The privilege to defend property permits only force that the actor reasonably believes necessary to terminate an intrusion. Handcuffing a nonthreatening guest for three hours exceeds reasonable necessity and defeats the privilege.
Supporting sources
Parklane Hosiery Co. v. Shore439 U.S. 322, 334 (1979)
Parklane Hosiery Company, Inc., and eleven of its officers and directors issued a proxy statement in connection with a merger between Parklane and another corporation. Leo Shore, a stockholder of Parklane, filed a class action on behalf of stockholders in the United States District Court for the Eastern District of New York against Parklane and the individual defendants. The complaint alleged that the proxy statement was false and misleading in violation of sections 14(a), 10(b), and 20(a) of the Securities Exchange Act of 1934 and related SEC rules. The complaint sought damages for the class, rescission of the merger, and recovery of costs.
Before Shore’s action came to trial, the Securities and Exchange Commission filed a separate suit against the same defendants in the United States District Court for the Southern District of New York. The SEC complaint alleged that the proxy statement that had been issued by Parklane was materially false and misleading in essentially the same respects as those that had been alleged in the respondent's complaint. After a four-day trial, the District Court found that the proxy statement was materially false and misleading in the respects alleged, and entered a declaratory judgment to that effect. The court permanently enjoined the defendants from further violations of the securities laws and ordered them to offer rescission to shareholders who had tendered shares. The defendants did not appeal this judgment.
Shore then moved for partial summary judgment in the Eastern District of New York action, asserting that the defendants were collaterally estopped from relitigating the issues resolved against them in the SEC action. The District Court denied the motion on the ground that application of collateral estoppel would deny the defendants their Seventh Amendment right to a jury trial. The Court of Appeals for the Second Circuit reversed, holding that a party who has had issues of fact determined against him after a full and fair opportunity to litigate in a nonjury trial is collaterally estopped from obtaining a subsequent jury trial of these same issues of fact. Because of an intercircuit conflict with the Fifth Circuit’s decision in Rachal v. Hill, the Supreme Court granted certiorari.
Sarah Sullivan seeks to operate an assisted-living facility on shore property. State law bans the use. The court upholds the ban because the right to build on shore land is not deeply rooted in the nation's history and tradition.
Washington v. Glucksberg521 U.S. 702 (1997)
Washington has prohibited assisting suicide since its territorial days. In 1854, the first Territorial Legislature outlawed assisting another in the commission of self-murder. The current statute, Wash. Rev. Code § 9A.36.060, provides that a person is guilty of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide, and classifies it as a class C felony punishable by up to five years imprisonment and a $10,000 fine. Washington's Natural Death Act, enacted in 1979, states that the withholding or withdrawal of life-sustaining treatment at a patient's direction shall not constitute a suicide, but the state has consistently rejected efforts to legalize physician-assisted suicide, including a 1991 ballot initiative defeated by voters.
The respondents in this case are four physicians who practice in Washington and treat terminally ill patients, three terminally ill patients who sought to end their lives with physician assistance and have since died, and Compassion in Dying, a nonprofit organization that counsels people considering physician-assisted suicide. The physicians declared that they would assist their patients in ending their lives if not for the assisted-suicide ban. Petitioners are the State of Washington and its Attorney General.
In January 1994, the respondents filed this action in the United States District Court for the Western District of Washington. They sought a declaration that Wash. Rev. Code § 9A.36.060 is unconstitutional on its face and an injunction against its enforcement. The District Court held that the statute was unconstitutional. A panel of the Court of Appeals for the Ninth Circuit reversed that decision, but the full court sitting en banc reversed the panel and affirmed the District Court. The Supreme Court granted certiorari to review the case.
Sebastian Santos purchases shorefront acreage for industrial development. The village ordinance limits the land to residential cottages. The restriction is sustained because it bears a substantial relation to public health and general welfare.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
The Village of Euclid is an Ohio municipal corporation that adjoins and is practically a suburb of the City of Cleveland. Its estimated population is between 5,000 and 10,000, and its area spans from twelve to fourteen square miles, with the greater part consisting of farm lands or unimproved acreage. It lies roughly in the form of a parallelogram measuring approximately three and one-half miles each way and is traversed east and west by three principal highways and two railroads.
Ambler Realty Co. owns a tract of land containing 68 acres situated in the westerly end of the village. This tract abuts on Euclid Avenue to the south and the Nickel Plate railroad to the north. Adjoining this tract on both the east and the west, restricted residential plats have been laid out upon which residences have been erected.
On November 13, 1922, the Village Council adopted an ordinance establishing a comprehensive zoning plan. The ordinance divides the village into six use districts denominated U-1 to U-6, three height districts denominated H-1 to H-3, and four area districts denominated A-1 to A-4. Appellee's tract is classified as U-2 for the first 620 feet north of Euclid Avenue, U-3 for the next 130 feet, and U-6 for the remainder.
Enforcement of the ordinance is entrusted to the inspector of buildings under rules and regulations of the board of zoning appeals. The board holds public meetings, keeps minutes of its proceedings, and possesses authority to interpret the ordinance in cases of practical difficulty or unnecessary hardship, while penalties are prescribed for violations. Ambler Realty Co. filed suit alleging that the tract has been held for years for sale and development for industrial uses for which it is especially adapted. The bill further alleged that unrestricted market value is about $10,000 per acre but limited to residential purposes the value does not exceed $2,500 per acre, that the first 200 feet back from Euclid Avenue has a value of $150 per front foot if unrestricted but not in excess of $50 per front foot if limited to residential uses, and that the ordinance confiscates and destroys a great part of its value while deterring prospective buyers. The bill sought an injunction restraining enforcement of the ordinance.
The district court overruled a motion to dismiss on the ground that the suit was premature. The district court held the ordinance unconstitutional and void and enjoined its enforcement.
Steven Silva acquires shore property zoned for beach cottages. A new coastal regulation bars all construction. The owner recovers compensation because the rule eliminates every economically beneficial use of the parcel.
Lucas v. South Carolina Coastal Council505 U.S. 1003 (1992)
In 1986, petitioner David H. Lucas purchased two residential lots on the Isle of Palms in Charleston County, South Carolina, for $975,000. He intended to construct single-family homes on the parcels, which at the time were zoned for such use and required no building permit for development. No portion of the lots qualified as a critical area under then-existing coastal zone legislation.
Subsequently, in 1988, the South Carolina Legislature enacted the Beachfront Management Act. The legislation established a baseline and prohibited construction of occupable improvements seaward of a line drawn 20 feet landward of that baseline, directly affecting Lucas's parcels by barring any permanent habitable structures.
Lucas filed an action in the Court of Common Pleas alleging that the Act's restrictions effected a taking of his property without just compensation. Following a bench trial, the court determined that the prohibition rendered the lots valueless and ordered the state to pay just compensation in the amount of $1,232,387.50.
The Supreme Court of South Carolina reversed the trial court's judgment. It accepted the legislature's findings that new construction threatened public resources and concluded that a regulation designed to prevent serious public harm could not constitute a taking.
The United States Supreme Court granted certiorari to review the South Carolina Supreme Court's decision.
Simone Sanders receives a permit to rebuild a shore house. The commission requires a public path across the beach. The condition is invalid because it lacks an essential nexus to any legitimate state interest in public access.
Nollan v. California Coastal Commission483 U.S. 825, 834 (1987)
The Nollans own a beachfront lot in Ventura County, California.
A concrete seawall approximately eight feet high separates the beach portion of their property from the rest of the lot. The historic mean high tide line determines the lot's oceanside boundary. The Nollans originally leased their property with an option to buy, and the building on the lot was a small bungalow totaling 504 square feet.
The Nollans' option to purchase was conditioned on their promise to demolish the bungalow and replace it. On February 25, 1982, they submitted a permit application to the California Coastal Commission proposing to demolish the existing structure and replace it with a three-bedroom house.
The Commission informed them that the permit would be granted subject to the condition that they allow the public an easement to pass across a portion of their property bounded by the mean high tide line and their seawall. On June 3, 1982, the Nollans filed a petition for writ of administrative mandamus in the Ventura County Superior Court to invalidate the access condition. The court remanded the case to the Commission for a full evidentiary hearing.
After the hearing, the Commission reaffirmed the condition. The Superior Court ruled in favor of the Nollans on statutory grounds and directed that the permit condition be struck. While the Commission's appeal to the California Court of Appeal was pending, the Nollans tore down the bungalow, built the new house, and bought the property. The Court of Appeal reversed the Superior Court. The Nollans appealed to this Court, raising only the constitutional question.
…act. It is further admitted that the bank and its branch had not paid $15,000 in advance to the Treasurer of the Western Shore of Maryland for the use of the State, before or since the issuance of those notes, and that the Treasurer, under direction of the Governor and Council, was ready and offered to deliver…