Opinion · Supreme Court of the United States
Hughes v. Washington
Hughes v. Wash., 389 U.S. 290 (1967)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1967-12-11
- Topic
- general
How later courts describe this case
- “[A] dispute over title to lands owned by the Federal Government is governed by federal law....”
- concurring opinion by Stewart, J.
Citator
UpLaw has not yet analyzed Hughes v. Washington. The absence of a flag is not a finding that it is good law.
- Cited by
- 168 opinions
Headnotes
- Real Property Law — Accretion — Federal vs. State Law Whether a landowner who traces title to a federal grant made before statehood owns land gradually accreted by the ocean is a question governed by federal, not state, law, because it concerns the extent and effect of a conveyance by the United States; a state constitutional provision adopted at statehood cannot extinguish a right to future accretions that existed under federal law at the time of the grant. 389 U.S. 290, 291–92 (1967)
- Real Property Law — Federal Grants The question of the extent of a federal grant — that is, the limit of the land conveyed, or the boundary between upland and tideland — is necessarily a federal question, because it concerns the validity and effect of an act done by the United States and requires ascertaining the essential basis of a right asserted under federal law; this principle applies equally whether the boundary doubt concerns the general definition of the shoreline or the ownership of accretion. 389 U.S. 290, 292 (1967)
- Real Property Law — Federal Sovereignty over Boundary Waters Disputes over title to land owned by the United States are governed by federal law, although the United States may choose to adopt a state rule as the federal rule; no such choice having been made in this area, and because the marginal sea relationship is too close to the vital interest of the Nation in its own boundaries, the ownership of accretion along the ocean shore is governed by the supreme law of the land rather than by state law. 389 U.S. 290, 292–93 (1967)
- Real Property Law — Riparian Rights — Accretion Under federal law, the grantee of land bounded by a body of navigable water acquires a right to any natural and gradual accretion formed along the shore; land gained from the sea by alluvion or dereliction, if by little and little and by small and imperceptible degrees, belongs to the owner of the adjoining land, and any other rule would leave riparian owners in danger of losing the water access often most valuable to their property and vulnerable to harassing litigation over the location of the original water lines. 389 U.S. 290, 293–94 (1967)
delivered the opinion of the Court.
The question for decision is whether federal or state law controls the ownership of land, called accretion, grad
While the issue appears never to have been squarely presented to this Court before, we think the path to deci
“[t]he question as to the extent of this federal grant, that is, as to the limit of the land conveyed, or the boundary between the upland and the tideland, is necessarily a federal question. It is a question which concerns the validity and effect of an act done by the United States; it involves the ascertainment of the essential basis of a right asserted under federal law.” 296 U. S., at 22.
No subsequent case in this Court has cast doubt on the principle announced in Borax. See also United States v. Oregon, 295 U. S. 1, 27-28 (1935). The State argues, and the court below held, however, that the Borax case should not be applied here because that case involved no question as to accretions. While this is true, the case did involve the question as to what rights were conveyed by the federal grant and decided that the extent of ownership under the federal grant is governed by federal law. This is as true whether doubt as to any boundary is based on a broad question as to the general definition of the shoreline or on a particularized problem relating to the ownership of accretion. See United States v. Washington, 294 F. 2d 830, 832 (C. A. 9th Cir. 1961), cert. denied, 369 U. S. 817 (1962). We therefore find no significant difference between Borax and the present case.
Recognizing the difficulty of distinguishing Borax, respondent urges us to reconsider it. Borax itself, as well as United States v. Oregon, supra, and many other cases, makes clear that a dispute over title to lands owned by the Federal Government is governed by federal law,
This brings us to the question of what the federal rule is. The State has not attempted to argue that federal law gives it title to these accretions, and it seems clear to us that it could not. A long and unbroken line of decisions of this Court establishes that the grantee of land bounded by a body of navigable water acquires a right to any natural and gradual accretion formed along the shore. In Jones v. Johnston, 18 How. 150 (1856), a dispute between two parties owning land along Lake Michigan over the ownership of soil that had gradually been deposited along the shore, this Court held that “[l]and gained from the sea either by alluvion or dereliction, if the same be by little and little, by small and imperceptible degrees, belongs to the owner of the land adjoining.” 18 How., at 156. The Court has repeatedly reaffirmed this rule, County of St. Clair v. Lovingston, 23 Wall. 46 (1874); Jefferis v. East Omaha Land Co., 134 U. S. 178 (1890),2 and the soundness of the principle is scarcely open to question. Any other rule would leave riparian owners continually in danger of losing the access to water which is often the most valuable feature of their property, and continually
The judgment below is reversed, and the case is remanded to the Supreme Court of Washington for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Mr. Justice Marshall took no part in the consideration or decision of this case.Jones v. Johnston, 18 How. 150 (1856); County of St. Clair v. Lovingston, 23 Wall. 46 (1874).
In Ker & Co. v. Couden, 223 U. S. 268 (1912), Mr. Justice Holmes, writing for the Court, held that under the governing Spanish law, lands added to the shore by accretion in the Philippines belonged to the public domain rather than to the adjacent estate.
It has been held that a State -may, without paying compensation, deprive a riparian owner of his common-law right to utilize the flowing water, St. Anthony Falk Water Power Co. v. Water Comm’rs, 168 U. S. 349 (1897), or to build a wharf over the water, Shively v. Bowlby, 152 U. S. 1 (1894). It has also been held that the State may fill its tidelands and thus block the riparian owner’s natural access to the water. Port of Seattle v. Oregon & W. R. Co., 255 U. S. 56 (1921).