MSC 313: Exam 1 questions with verified
answers already passed
Equal Footing Doctrine - correct answer ✔✔new states get the same rights as the original 13
once they become a state (they gain all submerged lands under the MHWL)
Equal Footing Doctrine EXCEPTIONS - correct answer ✔✔1. land given by fed gov to the
territory before the territory became a state
2. land grants given by foreign country
Public Trust Doctrine - correct answer ✔✔government holds in trust some lands for public use
the right to
1. commerce
2. navigation
3. fishing
4. bathing-
5. swimming-
6. other recreation-
-Florida-specific
Martin v. Lessee of Waddell - correct answer ✔✔Equal Footing Doctrine (and Alabama's rights
granted by it)
Shively v. Bowlby - correct answer ✔✔Oregon
, -Illustration on how exceptions to equal footing doctrine play out
-Ruling: Fed grants do not include adjacent submerged lands
Illinois Central Railroad v. Illinois - correct answer ✔✔State sells railroad company land along
and large portion of submerged lands within the Chicago River. State comes back to revoke deed
because the amount of submerged lands sold intrudes on public trust rights
State can step in when public trust is impacted, state shall not hand over rights and
responsibilities to uphold public trust
Mean High Waterline (MHWL) - correct answer ✔✔line that separates land from water; the
boundary between private and state owned lands
legal boundary between public and private in the state of FL
MHWL in California - correct answer ✔✔the average of the mean high water lines over the
course of 18.6 years
determines California's private upland and public tideland boundaries (determined by The Court
of Appeals)
Tideland and submerged land powers? - correct answer ✔✔States
When can the state abdicate its trust over property? - correct answer ✔✔1. if parcels are sold
to improve the navigation and use of the water.
2. when parcels can be disposed of without impairment of the public interest in what remains
Borax v. City of Los Angeles - correct answer ✔✔California
answers already passed
Equal Footing Doctrine - correct answer ✔✔new states get the same rights as the original 13
once they become a state (they gain all submerged lands under the MHWL)
Equal Footing Doctrine EXCEPTIONS - correct answer ✔✔1. land given by fed gov to the
territory before the territory became a state
2. land grants given by foreign country
Public Trust Doctrine - correct answer ✔✔government holds in trust some lands for public use
the right to
1. commerce
2. navigation
3. fishing
4. bathing-
5. swimming-
6. other recreation-
-Florida-specific
Martin v. Lessee of Waddell - correct answer ✔✔Equal Footing Doctrine (and Alabama's rights
granted by it)
Shively v. Bowlby - correct answer ✔✔Oregon
, -Illustration on how exceptions to equal footing doctrine play out
-Ruling: Fed grants do not include adjacent submerged lands
Illinois Central Railroad v. Illinois - correct answer ✔✔State sells railroad company land along
and large portion of submerged lands within the Chicago River. State comes back to revoke deed
because the amount of submerged lands sold intrudes on public trust rights
State can step in when public trust is impacted, state shall not hand over rights and
responsibilities to uphold public trust
Mean High Waterline (MHWL) - correct answer ✔✔line that separates land from water; the
boundary between private and state owned lands
legal boundary between public and private in the state of FL
MHWL in California - correct answer ✔✔the average of the mean high water lines over the
course of 18.6 years
determines California's private upland and public tideland boundaries (determined by The Court
of Appeals)
Tideland and submerged land powers? - correct answer ✔✔States
When can the state abdicate its trust over property? - correct answer ✔✔1. if parcels are sold
to improve the navigation and use of the water.
2. when parcels can be disposed of without impairment of the public interest in what remains
Borax v. City of Los Angeles - correct answer ✔✔California
