Table of Contents of The Public Trust Doctrine in Motion

The Public Trust Doctrine in Motion

The Evolution of the Doctrine 1997-2008

by David C. Slade

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Table of Contents

Foreword
I     The Dynamic Doctrine
         ‘Navigable’ Waters
         Non-navigable tributaries feeding into navigable waters
         Non-navigable Waters and the Public’s Trust Rights to Use Them.
         The Public Trust Doctrine and Groundwater
         Extending the Public Trust Doctrine to the Heavens
         Evolution of Protected Uses of Public Trust Lands and Waters
         Dynamic and Evolving Body of Law
         Judicial Restraint
         From the Ancients to Modern Society

II    The Trust Power
         The ‘Tool Box’ of State Sovereign Powers
         Those are my Oysters! Establishment of the Sovereign Trust Power
         A Title Held In Trust
         Exercises of the Trust Power
         The Public Trust Doctrine and Private Trust Principles
         Citizen Suits to Enforce the Public Trust Doctrine

III The Trust Power and Fifth Amendment “Takings”
         Refresher Course on “Takings”
         The Lucas Case
         The Study Cases and the Lucas Effect
         Other “Takings” Cases not involving Lucas.
         The “Denominator” Question
         State Constitutions & ‘takings’ Analysis
         The Trust Power and ‘Background Principles’ before Lucas

IV The Public Trust Doctrine and Waterfront Property
         PTD 101.
         The Waterfront Property Study Cases
         Global Warming and the Public Trust Doctrine

V   Conveyance of Trust Resources into Private Ownership and the
      Delegation of Trust Authority to State Agencies
         Trust Land Conveyance & Trust Power Delegation ‘101’
         Inalienability of the State's Jus Publicum
         Legislative Delegation or Deed Required
               1. Delegation of Trust Authority to a State Agency
               2. Delegation of Trust Authority to a City
               3. Grant of Trust Land into Private Ownership
               4. New York Cases
         Clear and express language required
         Furtherance of Public Trust Purposes; No Substantial Impairment of
         the Remaining Public Trust Resources
         Trust Land Conveyances Interpreted Against Grantee
         Judicial Skepticism

VI Water Rights: A Confluence of Two Doctrines
         A Brief Introduction to Water Rights
         The Four Study Cases
         Commentary

VII Creative Arguments
         The Good
         The Bad
         The Nutty

VIII Recap & Outlook