Equal Footing Doctrine

52 Florida cases classified under this topic · sorted by citation count · browse and sort

• The State of Fla. ex rel. William H. Ellis v. Gustav Gerbing
  56 Fla. 603· Fla.· 1908-06-01 ·cited 131×
  This quo warranto case addresses whether a private individual can claim exclusive ownership of oyster beds in a navigable river. The Florida Supreme Court held that lands under navigable waters, including the area between high and low water marks, are held in trust by the State f
• State OF Alaska v. United States
  754 F.2d 851· 9th Cir.· 1985-02-28 ·cited 32×
  The court held that the use of floatplanes on a small lake is insufficient, as a matter of law, to render the lake navigable for purposes of determining title under the equal footing doctrine.
• The Cherokee Nation v. The State OF Okla.
  461 F.2d 674· 10th Cir.· 1972-06-01 ·cited 30×
  The court held that the Supreme Court's prior decision determined present ownership of the riverbed, and that the district court lacked jurisdiction to adjudicate the boundary dispute between the Cherokee and Choctaw tribes without congressional authorization.
• Mobil OIL Corp. v. Coastal Petroleum Co.
  671 F.2d 419· 11th Cir.· 1982-03-04 ·cited 24×
  The court held that the district court lacked subject matter jurisdiction because the dispute over land title, even if hinging on navigability at statehood, was governed by state law once title passed from the federal government.
• Settler v. Lameer
  507 F.2d 231· 9th Cir.· 1974-11-26 ·cited 18×
  The Yakima Indian Nation may enforce its fishing regulations by arresting and seizing gear off-reservation at usual and accustomed fishing places, provided violations are committed in the officer's presence. Pre-1968, tribal courts were not bound by constitutional rights like cou
• Island Airlines v. Civil Aeronautics Bd.
  363 F.2d 120· 9th Cir.· 1966-07-08 ·cited 18×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying Island Airlines' petition for an exemption from economic regulation for inter-island flights in Hawaii, and that procedural objections not raised before the CAB are waived.
• State OF Nev. v. Watkins
  914 F.2d 1545· 9th Cir.· 1990-09-19 ·cited 16×
  The court affirmed the Secretary of Energy's decision to continue investigating Yucca Mountain as a potential repository site, finding that Congress had the constitutional authority to enact the relevant amendments to the Nuclear Waste Policy Act.
• Coastal Petroleum Co. v. U.S.S. Agri-Chemicals
  695 F.2d 1314· 11th Cir.· 1983-01-17 ·cited 14×
  The court held that the district court erred in issuing an injunction because federal question jurisdiction was absent and the injunction did not fall within exceptions to the anti-injunction statute.
• The State OF N.D. v. Andrus
  671 F.2d 271· 8th Cir.· 1982-02-12 ·cited 14×
  The statute of limitations in 28 U.S.C. § 2409a(f) does not apply to an action by a state to quiet title to public trust lands, and the Little Missouri River was navigable in fact at the time of North Dakota's statehood.
• United States v. Aranson
  696 F.2d 654· 9th Cir.· 1983-01-10 ·cited 10×
  The court held that California law, adopted as the federal rule of decision, does not alter the district court's judgment regarding land ownership, and the artificial accretion exception does not apply to private landowners.
• The Cherokee Nation OR Tribe OF Indians IN Okla. v. State OF Okla.
  402 F.2d 739· 10th Cir.· 1968-10-31 ·cited 10×
  Title to the beds of navigable streams within Oklahoma passed to the state upon its admission to the Union, as the United States did not clearly intend to convey such title to the Indian tribes through prior treaties.
• United States for the Kalispel Indian Tribe & Individual Allottees v. Pend Oreille Pub. Util. Dist. NO. 1
  926 F.2d 1502· 9th Cir.· 1991-03-06 ·cited 8×
  The court held that the district court properly excluded annual spring floods when determining the ordinary high water line and that the Tribe's aboriginal title was extinguished by compensation. However, the court reversed the denial of the Tribe's motion to amend its complaint
• Gill v. Rollins Protective Servs. Co.
  722 F.2d 55· 4th Cir.· 1983-11-28 ·cited 8×
  The court held that a contractual limitation of liability provision, while potentially applicable to negligence claims under Virginia law if parties are on equal footing, does not limit liability for violations of the Virginia Consumer Protection Act. The case was remanded due to
• State OF Alaska v. Ahtna, Inc.
  891 F.2d 1401· 9th Cir.· 1989-12-13 ·cited 4×
  The court held that the lower Gulkana River was navigable at the time of Alaska's statehood, meaning title to its submerged lands vested in Alaska, not the federal government, and thus the BLM could not convey those lands to Ahtna.
• The State OF N.D. v. Block
  789 F.2d 1308· 8th Cir.· 1986-05-05 ·cited 4×
  The Court of Appeals held that the Quiet Title Act's statute of limitations barred North Dakota's suit for all portions of the riverbed, not just specific tracts, because North Dakota had sufficient notice of the United States' claims.
• Cherokee Nation OF Oklahoma v. United States
  782 F.2d 871· 10th Cir.· 1986-01-23 ·cited 4×
  The exercise of the federal government's navigational servitude over a navigable river is not an invasion of private property rights, even when the riverbed is privately owned, including by an Indian tribe.
• United States v. City OF Anchorage
  437 F.2d 1081· 9th Cir.· 1971-01-26 ·cited 4×
  The court held that the Alaska Railroad Act and subsequent Executive Order implicitly reserved tidelands and submerged lands necessary for the railroad's operation, and this reservation predated Alaska's statehood, thus retaining title in the United States.
• 101 Ranch v. United States
  905 F.2d 180· 8th Cir.· 1990-05-30 ·cited 2×
  A 1929 judgment and 1949 deed did not grant plaintiff ownership of submerged lakebed, as such ownership contradicts public trust principles and the doctrines of reliction and submergence.
• Goodman v. City of Crystal River
  669 F. Supp. 394· M.D. Fla.· 1987-04-27 ·cited 2×
  The court held that Three Sisters Springs is navigable waters of the United States subject to a federal navigational servitude, thus precluding the plaintiff's claims to restrict public access.
• The Yankton Sioux Tribe OF Indians v. State OF S.D. & Cnty. of Charles Mix
  796 F.2d 241· 8th Cir.· 1986-07-22 ·cited 2×
  The court held that South Dakota, not the Yankton Sioux Tribe, owns the bed of Lake Andes because the state's claim under the equal footing doctrine is preeminent when sovereign title attached before the tribe's aboriginal title ripened.
• Royston E. Potter v. Murray City
  760 F.2d 1065· 10th Cir.· 1985-04-30 ·cited 2×
  The court held that Utah's prohibition on polygamy does not violate the Free Exercise Clause, the right to privacy, or due process/equal protection, and that the state has a compelling interest in upholding monogamy.
• The Yankton Sioux Tribe OF Indians v. Nelson
  683 F.2d 1160· 8th Cir.· 1982-07-12 ·cited 2×
  The court held that the district court erred by granting summary judgment without first determining the navigability of Lake Andes, vacating the judgment and remanding for that determination.
• Summersgill Dardar v. Lafourche Realty Co., Inc.
  985 F.2d 824· 5th Cir.· 1993-03-15
  The court affirmed the district court's rejection of the State's title claim and the denial of public access to Tidewater Canal, but vacated and remanded for further findings on the existence of a federal navigational servitude over other waterways.
• Wolff v. United States
  974 F.2d 702· 6th Cir.· 1992-08-28
  The court held that absent evidence of contrary intent, federal conveyances are construed by state law, and under Michigan law, small unsurveyed islands pass with littoral land, especially when the state acquired title via the equal footing doctrine.
• State OF N.D. v. United States
  972 F.2d 235· 8th Cir.· 1992-08-10
  The court held that the State failed to prove by a preponderance of the evidence that the Little Missouri River was navigable at the time of statehood, and thus the United States retains title to the riverbed.
• United States v. Dorwin AAM
  887 F.2d 190· 9th Cir.· 1989-10-02
  The court held that the Suquamish Indian Tribe failed to prove that the Port Madison Indian Reservation included adjacent tidelands, and therefore title passed to the state upon admission to the union.
• The State OF Utah v. United States
  780 F.2d 1515· 10th Cir.· 1985-12-26
  The court held that the 1889 reservoir site selection by the United States withdrew the bed of Utah Lake, preventing the State of Utah from acquiring title under the equal footing doctrine or the Submerged Lands Act.