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Keywords

appealtrialtrustpatenteasement
trialtrustpatenteasementvisa

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Marks v. Whitney, 6 Cal.3d 251, 491 P.2d 374, 98 Cal.Rptr. 790, 3 ERC 1437, 2 Envtl. L. Rep. 20,049

Facts

Marks and Whitney were involved in a dispute over tidelands acquired by Marks under an 1874 patent. Marks claimed complete ownership and the right to develop the tidelands, while Whitney argued that this would infringe on his rights as a littoral owner and member of the public. The trial court found in favor of Whitney regarding a prescriptive easement for a wharf but did not address the public trust issue, leading to the appeal.

Marks asserted complete ownership of the tidelands and the right to fill and develop them. Whitney opposed on the ground that this would cut off his rights as a littoral owner and as a member of the public in these tidelands and the navigable waters covering them.

Issue

Are the tidelands subject to the public trust, and does Whitney have standing to request a declaration of this easement?

First. Are these tidelands subject to the public trust; if so, should the judgment so declare?

Rule

A patentee of tidelands owns the soil, subject to public easements for navigation and commerce, and the state retains rights as administrator of public uses.

A proper judgment for a patentee of tidelands was determined by this court in People v. California Fish Co., supra, 166 Cal. at pp. 598—599, 138 P. at p. 88, to be that he owns ‘the soil, subject to the easement of the public for the public uses of navigation and commerce, and to the right of the state, as administrator and controller of these public uses and the public trust therefor, to enter upon and possess the same for the preservation and advancement of the public uses, and to make such changes and improvements as may be deemed advisable for those purposes.’

Analysis

The court determined that the tidelands are indeed subject to public trust easements, which include rights for navigation and other public uses. It found that Whitney, as a member of the public, has standing to assert these rights, and the trial court's failure to recognize this public trust easement was a significant oversight.

The court determined that the tidelands are indeed subject to public trust easements, which include rights for navigation and other public uses. It found that Whitney, as a member of the public, has standing to assert these rights, and the trial court's failure to recognize this public trust easement was a significant oversight.

Conclusion

The judgment was reversed and remanded for further proceedings to clarify the public trust easement on the tidelands and to ensure that Whitney's rights as a littoral owner are recognized.

Judgment is reversed and remanded for proceedings not inconsistent with this opinion.

Who won?

Whitney prevailed in the case as the court recognized his standing to assert public trust rights and the need for a declaration of these rights on the tidelands.

Whitney prevailed in the case as the court recognized his standing to assert public trust rights and the need for a declaration of these rights on the tidelands.

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