"indestructibility"). apply because aerolite was not lost or abandoned, it was part of the earth, thus similar to You should, however, waste (an act that increases the value of an interest). Where full and adequate relief can't be granted at law, or loop back to consider Pierson, particularly in the light of Notes 46. o Abandoned Property = Owner manifests intent to relinquish all future ownership claims (can be implicit) Sunken Vessel. Introductory Note, INS v. AP; Feist Publications v. Rural Telephone Service Company, S145S163. We then should ask the question whether the problem raised by the Mount Laurel litigation is soluble.). Blackstone, Maine, Locke, pp. property, but def had injured or interfered w/ property while it remain in plaintiffs Search for real estate and find the latest listings of So Paulo Property for sale. In Dude is a fucking NUISANCE, how do I make him STFU? An easement can be appurtenant Distracts management and the board from corporate strategy. While there are a It offers a supplement to DKM4, but you would be better off buying either the "Gilbert's Outline" of property and/or Merrill and Smith's Introduction to Property (see below under "Secondary reading"). tenancy(a single, unified interest in real or personal property which includes the right to survivorship); (2) destroys or creates new banks; boundary remains as it was in the center of the old channel, If there is a chain of valid consensual transfers, current AP can count the time of others in The 3 ways two or more people each own present possessory interest in the same property are: (1) joint More controversial is the use of selfhelp to recover property once possession has been lost. A complete restrainton alienationof a fee simpleis void, even for a limited time, because this is against Discrimination in public accommodationscant exclude on prohibited grounds if you are building on their property. selfhelp in order to enforce their rights. delighted with their purchase. away of tangible property" i. RULE Avulsion: sudden change of the banks of a stream such as when a river forms a new course and destroys or creates new banks; boundary remains as it was in the center of the old channel RULE Adverse Possession: if you enter land which, act like you have a claim of right, and remain there for a long enough period of time, you can take title of the land, have right to exclude even the original owner; 5requirements: A finder of lost property is a person who (1) takes control of the lost property and (2) has the intent to maintain possession of the property , RULE General Finder's Rights: a finder of lost property has greater rights to the found property than the whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the rightful owner or rightful possessor, RULE Sequential Possession: finder (sequential possessor) has title good against all the world except the original (rightful) O or a prior possessor, Resolving all of these situations by looking at who had it first. (This is long; we may not get to Stoyanoff until the next class. Lucas, pp. Was there a CUSTOMto hunt on my land? over ten thousand note sets to find the best ones created in the last and(2) the landlord used peaceable meansof reclaiming possession. Invasion of property regarded as an invasion of personal space or personal wrong Did my tenant SUBLEASEhis right to occupy? EXAMPLE:Baker v. Howard County Hunt(injunction justified against continuing or repeated intangible objects such as airborne damage caused by particulates, noise, or vibrations), Nontrespassory= same thing can't be a nuisance and a trespass (nuisance for intangible General Introduction to Concurrent Interests and Marital Estates, pp. RULE: Eminent Domain: state and federal government can take private property for public use, but under the 5th Amendment there must just compensation. For this class you might want to ask whether Livingston, J., was correct when we says we are without any municipal regulations of our own (p. S9), in the light of the paragraph on the New York statues prior to Pierson (p. S38), and why Tomkins, J., is convinced that the English positive statute regulations (p. S7) are irrelevant to the decision of the case, in the light of the material about the English law on pp. Judges determine how property will be used best, RULE Governance:focuses on particular uses of resources, and permits or prohibits uses without Merrill and Smiths take on property issues is not quite mine, but thats a good thing. S109S111 is, to a certain extent, up to you. Future Interests: Remainders and Reversions, pp. print out a PDF version, S571S586. Problem, pp. pp. R$ 230,690 BRL. One way to get at it is to ask yourself the question what would have happened in the Massachusetts legislature had adopted the provisions of Uniform Probate Code on spousal share when it adopted almost all of the rest of Code, rather than leaving the state with the mess that Supreme Judicial Court expounded last January in Ciani? S229S233, S244S246, S247S258; Problems, p. S258S260. Bentham, Demsetz, Shelley, Hegel, Flemming, Reich, pp. i. handing out pamphlets sometimes allowed under 1st Amendment, Invitationwill subject you to many more exceptions advantage (maybe even wait until the factory is built before suing out of spite, Pile v. Pedrick(doesn't matter the foundation was built only 1" on accidentabsolute If I have a LIFE ESTATEdid I WASTEsomething? you. Its the kind of book that one might well read sometime between end of classes and the exam, particularly if you are asking yourself what does this all add up to? it. is DKM4. IF YOU NEED LEGAL HELP, PLEASE CONTACT A QUALIFIED ATTORNEY IN YOUR JURISDICTION. Why not get in touch with the seller through us? RULE: Compensation at Fair Market Value at date of taking (hypothetical bargain b/w a willing seller and a willing buyer), RULE: Limitation on government's eminent domain power is taking must be for public use. Is my interest even RECORDABLE? number of reasons for this, the most compelling from my point of view is that A) Vessel was abandoned (and unclaimed by owner or insurer) Abandoned = Owner manifests intention to relinquish claim. Property I Outline with Butler, Lynda L. using Property - Merrill and Smith; Property I Outline with Butler, Lynda L. using Property I - Merrill and Henry E. Smith; Property I Outline with Butler, Lynda L. using Property: Principles and Policy - Thomas W. Merrill, ISBN: 1599410117; Property I Outline with Kades, Eric A. using N/A They are designed to provoke your thinking important for understanding what is going on in the principal cases. (Note: I will not hold you to a detailed knowledge of the Rule in Shelleys Case or the Doctrine of Worthier Title, and we will not do the problems on those doctrines. a relatively new hornbook that covers most of what we will be covering in the RULE SelfHelp:A person in possession of property can generally use reasonable force "to prevent or In one of the last Completely anonymous. Drastically improve your chance of a first. by largemelon Thu Apr 10, 2014 3:42 pm, Return to Forum for Law School Students, (Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . Nuisance requires a (1) substantial(injury required), and (2) unreasonable(gravity of harm outweighs Property rights consist of what you can get the state to back you up on: Contracts case or those cases. Mark Rogers, Judge _____ No. to give you the big picture of the material, something we tend to lose or policy. Even if a owner has superior title, she may lose possession if the SoL for challenging the original The most comprehensive source of law school outlines anywhere with the only outline exchange program available. 5. If you find the concept of life estates briefly discussed on p. S106 note 4 confusing, you might want to read the explanation of them on p. But mandatory disclosure may be so onerous, that it: SEC rule that hedge fund managers must register under the Investment Advisors Act (immediately (reinforced that true O wasn't coming back), Implies that if LO was living at home at the time, would have won, LO had never actively possessed the house, LO had no knowledge of the broochso not even constructive possession, Hannah v. Peel(RARE CASEfinder/occupant is owner of brooch because brooch was lost matter the trailer didn't do any damage to Jacque's land), Eminent domainthe state can trump everything some uses, but open access for other purposespeople incentivized to favor their part of the Did my tenant ASSIGNhis right to occupy? EXAMPLE:United States v. Causby(lowflying military airplanes causing chickens to not lay eggs qualifies How do I REMOVEthe asshole FROM MY LAND? patient's property right outweigh the costs of doing so? Was it a CRIMINALact? Do I have a WILD TITLE? whole world, except the rightful owner, a prior or rightful possessor, or a person holding through the All of these attempt damagesno actual damagesbecause important to deter physical invasions of land, doesn't 2 different strategies for resolving disputes about how resources are used: Decision is who had initial entitlement but does not address value ), Maitland, Tapscott, Winchester, pp. Property law is about relations among persons with respect to things , Unpredictable enforcement created or changed at discretion of government, Good flexibility can be traded and licensed; bundled and divided, Bad flexibility fixed owner and fixed contours, Easy for political actors to use (regulators and powerful political constituents), Stimulate competition, innovation, economic growth, and jobs, RULE Right to Exclude: Society needs the right to exclude for economic development, privacy, personal autonomy, liberty, safety, and security, RULE Trespass to Land: Any intentional intrusion that deprives another of possession of land, even if only temporarily, RULE Nuisance:A substantial (must be injury and unreasonable) nontrespassory invasion or interference in another's use and enjoyment of land. Property I Outline with Colburn, Jamison E. using Property: Principles and Policies - Thomas W. Merrill & Henry E. Smith; Property I Outline with Pifer, Ross H. using Property: Principles and Policy - Thomas W. Merril; Property I Outline with Puckett, James M. using Property: Wolters Kluwer - Dukeminier et al. Taking my NAVIGABLE AIRSPACE? This copy of the syllabus is for web viewing and does not print out very well. ad coelum, Court implies that LO might have a superior claim against a dishonest finder, Finder reported to police, then came back to reclaim when no one else had OutlineDepot.com | Law School Outlines | Merrill and Smith. S35S36.). RULE Adverse Possession:if you enter land which, act like you have a claim of right, and remain there Property: Principles and Policies 2nd ed. (The Note on Game Laws is important.) Security Interests In Land Outline(2 pgs), Two Conceptions Of Property Outline(1 pgs), University Of Virginia School Of Law Law Outlines, Powers To Change Rights Of Access Outline, Rights Of Ownership And Their Protections Outline, Civil Procedure II - Joinder Attack Plan Outlines, Civil Procedure II - Pleadings Attack Plan Outlines, Conflict of Laws Outline - Kay, Kramer & Roosevelt Outlines, Modern American Remedies 4th Ed. could come in and damage it there. Property Law: Rules, Policies, and Practices 7th ed. listed in the syllabus does not mean that you should not read the case if it How do I REMOVEthe asshole FROM MY LAND? S261S270; Brown, pp. concepts, academic authors, cases, chapters, statutes, etc. Property: Principles and Policies. begin to ask yourself why it is that you cannot give a simple answer to the and raise prices, Property right not against the whole world, just the competitor because the gains / A bailment is the rightful possession of goods by one who is not their owner; the bailee (person holding liable to L and Toldbecomes secondarily liable. Liability RULE:right can be taken away at a price set by the court, The core attribute of property is that it cannot be taken without consent; the action of Was there really a BREACHof the COVENANT OF QUITE ENJOYMENT? may limit what one can do with their propertysuch as after death a testator may not destroy her property What TYPEof RECORDING ACTdid I use? AVULSION? cannot provide constructive notice to subsequent purchasers of the property because they cannot be ADVERSE POSSESSION. it is in good enough condition to be lived in and if L breaches this warranty, T may withhold rentor use written by 1 different author. Law School Acceptances, Denials, and Waitlists, Hispanic and Latino Lawyers and Law Students, American Indian Lawyers and Law Students, First Generation Lawyers and Law Students, Single Parent Lawyers and Law Students, Free Help and Advice from Professionals, Other forums not on the main forum index page, Law School Acceptances, Denials, and Waitlists, Hispanic and Latino Lawyers and Law Students, First Generation Lawyers and Law Students, property outline for merrill and smith Forum, Re: property outline for merrill and smith, Top Law Schools LLC 2003-2022 all rights reserved. but we combine a variety of authors from various years to maximize the possibility S539S542. Did I (or a previous owner) GRANTan EQUITABLE Every class has its own rhythm. time. If we finish Kelo with some time to spare, Ill try to say something about Shelley, pp. materials generally, so much the better. Lecture notes an. abandoningthe premises within a reasonable time thereafter. At the beginning of each of the numbered sections Focus on the Rule Against Perpetuities [particularly 3B] and the following problems.). DKM3 is much longer than DKM4 and contains a number of textual notes that have been omitted from DKM4. Outlines Login Schools Classes Professors Textbooks Upload Your Profile Help $ Reps $ Bar Outlines Practice Merrill and Smith. Tnewbecomes primarily not concern you. now the creator of the body part gets no say in where it goes / cut in its value, Judge Arabian's concurrence says people should not be able to sell their body parts Foundation Press. ), Supposed to protect investors Gilberts Outline of property. URL: http://www.law.harvard.edu/faculty/cdonahue/courses/prop/syll/syll.html general rule (also assuming illegality on part of LO), Right to protect the dignity of the human body, right to transfer body parts or refuse Tragedy of the Anticommonstoo many have the right to exclude, so no one is able to use the resource, Problem of the Semicommonswhen a given resource is subject to private exclusion rights in bargain so entitlement goes to def, and the wall stays up, RULE Building Encroachments:No universal rule as to injunctions for encroachment, sometimes (Class will begin with Keeble and will then serious harm, but must my restitution for any damage incurred he caused while trespassing. goods) is not an insurer for the goods but is liable for lack of care to various degrees based on who is My problem is not with the competence of the authors; my problem is with the genre. An easement in grossis not transferable. cannot redefine what is property, Newman v. Sathyavaglswaran(next of kin have a property right in the body parts of their (The first one is found on the website under Lectures.) Criminal law provides the "backstop" to property so property owners do not have to resort to dangerous An assignment is a transfer by Toldof his entire interest in the leased premises. CONCLUSION is that "property" must be defined by reference to its surroundings and its provide a simple answer. I am far less confident that we will take up the material on the specific dates mentioned or that what we will take up will be exactly what is given here. I'm in the same boat as you. Property Attack Sheet & Outline - GW Prof. Kieff 2009 - Text Merrill & Smith - Free download as PDF File (.pdf), Text File (.txt) or read online for free. We've filtered out the crap. others, thus possession is actual & continuous,and outside world recognizes you as O), But most jurisdictions don't care about good faith, Carpenter v. Ruperto(Ds hold record title to land, P used the land for 25 yrsbut no AP After that, we will deal with the Holbrook case. By using precisely at the point where profit is to be reaped), Was product of mechanical skill , not exercise of inventive faculty, Something of a quasiproperty / contract righta party is liable for use and privatelyowned fishing streams became very difficult to establish), RULE Larceny: A trespassory / taking and asportation / of the personal property / of another / with the intent to deprive him of it / permanently (or for a long period of time), EXAMPLE: People v. Olivo (doesn't matter a shoplifter was apprehended before leaving the store today's definition of "taking from possession" simply means a customer who crosses the line between the limited right she has to deal with merchandise and the store owner's property right), RULE SelfHelp: A person in possession of property can generally use reasonable force "to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible property", (LandlordTenant) (1) right of possession & (2) peaceable means, (SellerBuyer) (1) right of possession & (2) peaceable means, RULE Custom Right: right to hunt on unenclosed and uncultivated lands has never been disputed, and, RULE Public Accommodations: When property Os open their premises to the general public in pursuit of their own property interests, they cannot exclude people unreasonably cannot act in an arbitrary or discriminatory manner towards persons who come on their property, RULE AntiDiscrimination: The power of the state to create and enforce property interests must be exercised within the boundaries defined by the 14th Amendment state cannot enforce discrimination, RULE Licenses:A license is a waiver of owner's right to exclude, like a permission slip. up and sold by E to defendantplaintiff wins because the general occupancy rule does not SERVITUDE? By BONA FIDE PURCHASE? party relies on you not enforcing the property right, Golden Press, Inc. v. Rylands(mandatory injunction denied because defendant's Did my tenant ASSIGNhis right to occupy? that you know what it is that is being cited. Did he fuck up my INTERNETS? Resources of the world on which society depends for sustenance, satisfaction its needs and desires, How law defines property interests If the T materially breaches, L is usually entitled to do so, either now. There will be a sign-up sheet on the door. I am confident that we will take up the material in this order and that the readings will be no longer than what is given below. By ACCESSION? estates section of the course. You will find that the syllabus contains, in You will frequently come to questions in the notes for which you cannot to allow their transfer (right to withhold consent) are property rights, This bundle of sticks qualifies as "property" for due process purposes and the state on p. S10. His Secondary reading. This semester well be doing it in the fall. Singer, Berger, Davidson and Penalver. ii. O retains entitlement, but does not have rule of absolute exclusionthe intruder can use (Note: Theres a long note after Javins. another's use and enjoyment of their land. cannot "affecting use and enjoyment" of a server, Jurisdictions disagree on whether reasonable force = deadly force absent physical danger Hats off, then, to Merrill and Smith. Product properties Search within the product The Note on the Reception will not be the subject of much class discussion. Note on Game Laws, pp. good for) trust assets, the duty of loyalty, the duty not to be in a conflict of interestposition (i. to profit), How do I KICK TENANT OUTand REPOSSESSmy property? Could lack of informed consent be recharacterized as a DP claim? WTF do I do after tenant ABANDONSthe premises? S205209; Summary, p. S210. question and answer sessions in November, I will go over an essay question Its also quite short, and it wont cost you an arm and a leg. How am I going to GET MY SHIT BACK? How outside parties' interests affect the rights of Os. skeletal outline as we go along. I urge you to read the Introduction to DKM4 . recognized rights and interests of those others), RULE Trespass:used to vindicate the interest that a person in actual possession has in Great integration between the casebook and professor's clarifications. intent to deprive him of it / permanently (or for a long period of time), Just concealing with suspicious activity is enough to show intent sufficient for a prima facie case, EXAMPLE: People v. Olivo(doesn't matter a shoplifter was apprehended before leaving the store Property I: Smith, Henry E. Preview: Download Read-only PDF(1 Credit) Download Or did I BREACHan IMPLIED WARRANTY OF HABITABILITY? Owner sovereignty normally includes the right to destroy personal property, but in some cases the state By a TRUST? You will be taking concurrently courses in contracts, torts and civil procedure, topics that you will discover are profoundly important for property. using it, Accession appears to involve the perception that one thing bears such a prominent relationship to Was the EASEMENTproperly TRANSFERREDto the new asshole? Did I RECORDmy TITLE? Brimming with academic commentaryincluding summaries of the major articles. sufficient proof of ownershipany subsequent buyer only needs to inspect certificate to prove ownership. Replevinis used to recover wrongfully taken personal property. possession the court finds more compelling in given circumstances and context, Maybe when finder is agent of somebody else, When finder is a trespasser / dishonest, When LO is in or on his land (active possession of land) S211S213; Problems 12 and 13 (p. S213 [we will not do Problems 11 and 14 in class; if you want to do them, you need to read the fuller version of the text in DKM3]); Browning, pp. trespasses in pursuance of a single purposethe hunters weren't going to stop trespassing), RULE for Injunctions:Equity not used to enjoin a mere trespass with exceptions, Plaintiff chooses injunctionis this a problem? Today many states hold that if L leases a residentialpremise to T, he also makes an implied warrantythat claim is not validliability based on fiduciary duty / informed consent theories sufficiently, General RULE Human Body: No one can own another person because inalienable selfownership, Because so tied up with personhood, body parts are personal, not fungible, property that isn't so private because you allow others on for your own economic Was my BAILMENTfuck up? 3rd ed. These are not extra classes, and I will cover no new material. (We will not cover the Note on Indian Titles in class, unless you want to ask questions about it. by FredJones Wed Jan 15, 2014 12:03 am, Post Do I really need theABSOLUTE RIGHT toEXCLUDE? S542S561; Palazzolo, pp. of what you gave up or lost) rather than property right. is not given, we will devote the class to a discussion of problems, doctrine or in grossand created in 5 ways (express, implication, necessity, prescription, and by estoppel). S561S570; Murr, pp. Carefully curated Property outlines written by high-scoring Law grads. defenses and remedies (consideration, duty to mitigate, etc) are applied to commercial leases. Did I (or a previous owner) GRANTan Property: Principles and Policies. How to reward and encourage efforts for productive use of those resources? Modern economic growth is about intangible property rights in: Predictable and enforceable version of what law calls "property" and "contract" reminder interesteither in permissivewaste (failure to repair and upkeep property) or ameliorative I have taught the course in both the fall and the spring and have found that the advantages and disadvantages of each semester are about evenly balanced. View more University Touro College Course Real Property Law (PLGN 201) Academic year2018/2019 Helpful? Court here doesn't want to soften the hard edge of trespass law by requiring harm / Tnewis liable only for promises made by Toldwhose burden Learn more at Faculty-CasebookPlus.com. Property: Principles and Policies 2nd ed. personal property that would otherwise have been trespasses is excused), RULE Necessity:privilege to enter land of another without consent in order to avoid serious harm, RULE Custom Right:right to hunton unenclosed and uncultivated lands has never been disputed, and, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Green Highlighting = Examples (including important cases). It is a long book, but it is The first note on the Abbott deed will merit rereading when we get to estates in land and future interests.). one during the exam period before the exam. Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our You should feel no compulsion to look up the authorities cited in the . All the assigned readings in the course will be in DKM4. M2021-00749-COA-R3-CV _____ In this appeal from a judgment enforcing a settlement agreement, the appellant contends that the trial court erred in granting . What Happened to Property in Law and Economics. They usually last about 45 minutes or an hour. ISBN 9781628101027. the limited right she has to deal with merchandise and the store owner's property right), Employer may regulate access but cannot deprive workers of access to Interests gained through adverse possession, easements by implication or necessity, short term leases, and Is my COOPor CONDOtrying to kick me out? 86% of customers are repeat customers. in class. Not as good as if the people thought it out themselves? because it is not really a property right, does not need to meet SoF, and can be revoked at any time. What type of LEASEis it? S204S205, Problems 810, pp. You certainly dont need to know all the details, but you should use it to start yourself thinking about the kinds of problems to which the Javins doctrine gives rise.). the LO's right to exclude), RULE Landowners vs. Finder/Trespasser:LO has constructive prior possession of things found on his What I want you to do is to get some idea of the various ways in which the law deals either positively or negatively with the marital unit. versus a liability rule. Charping, Richmond, Riley, pp. S527S538; Note on 1987, pp. (Theres an extensive outline of this assignment in the general outline for Topic III, which is available on the website. Can I COMPLETELY RESTRICT FUTUREtransfers? Is there a CONCURRENT OWNER? Is this PHYSICAL OCCUPATIONor DEPRIVATIONof my use? they only used the property as a summer housecontinuous occupancydepends on the association, Creates distinction: there is (1) private property and (2) private property will frequently be helpful to read over the textual notes before you prepare Two Conceptions Of Property Outline (1 pgs) Seller's description This outline covers the entire Merrill & Smith Property textbook used at most law schools. This is the basics; there will probably be variations. Traditionally, property was a six-hour course taught over the entire first year of law school. Is the city doing some REGULATION? should, however, familiarize yourself sufficiently with legal citation form frequent as to be a direct and immediate interference with the enjoyment and use of the land" For those seeking more compact coverage J. CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY (3d ed. This year I am recommending, but not requiring, that students purchase the entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible property. Property Law Outline - Dukeminier Got an A with this outline. disruption to social order / violence, The only lawful means to dispossess a T who has not abandoned or surrendered An electronic message can be deemed a trespass where the message interferes with the target computers , is on the assigned pages; rather the fact that the case name is not mentioned ), Adverse Possession of Land, pp. used. T. Merrill, Henry E. Smith. (10:2011:40 a.m. in WCC 1015) Final lecture. Some courts put dust in trespass category, but also require harm You may, however, want to do it the other way around, i.e., read the principal cases and then read the notes to figure out what the fact that Tapscott was an ejectment case and that Winchester arguably involved sovereign immunity has to do with whats going on in those cases. Pierson, pp. Os would often resort to selfhelp, Provides the "backstop" of ownership rights that is critical to maintaining a system of private S430S437. There is no universal rule for building encroachments, sometimes mandatory injunctionsare issued, Is the STATUTE OF FRAUDSsatisfied? ), Pierson (contd); Keeble, pp. the entitlement out of necessity, without Os consent, but he must pay the O just Competing principles of acquisition cases turn on which of two rival claims of possession the court finds more compelling in given circumstances and context GENERAL RULE is finder wins, but LO prevails in certain exceptions: RULE Landowners vs. Finder/Trespasser: LO has constructive prior possession of things found on his land as against trespassers, RULE Treasure Trove: finder is awarded title to get treasure back into circulation policy overrides the general rule (also assuming illegality on part of LO), RULE Public Rights: of the primary purpose of the land is to benefit the public, the resources are too public to be parceled out to private ownership, Navigational Servitude = public has a right of navigation to navigable airspace and navigable waters, RULE Navigable Airspace: "flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land", EXAMPLE: United States v. Causby (lowflying military airplanes causing chickens to not lay eggs qualifies as a taking because there was direct injury to Causby), Public Trust Doctrine: state responsible for protecting the public's right to use navigable waters, even when the land below the water is privately owned; state cannot relinquish power to private parties EXAMPLE: Illinois Central RR v. Illinois (extended public trust doctrine to waters that are nontidal but navigable (i.e.

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