While the Supreme Court cleared the way for Mapache to challenge title, it still must produce legible documents that clearly show the marshlands and tidelands were conveyed by the Crown. Back in 2006, the Georgia Supreme Court heard a similar case. In Black v. Floyd, the judgement of the lower court was affirmed by the Supreme Court because the landowners could not clearly show the property was conveyed by the crown. They had the documents, but they were so illegible that as a matter of law the court was able to rule for the State of Georgia. The landowners stated that the documents instructed the grantee to drain swamp and marsh “if any such contain herein.” The Court, though, said that even if the documents did say that, it wouldn’t be enough to show that the Crown clearly intended to convey tidewaters.
When Land Use Codes Attack: How a 1970's Ordinance is Challenging the Supreme Court to Define The Property A Government Can Take
The waters of the St. Croix River serve as the boundary between Minnesota and Wisconsin for 125 miles prior to emptying into the Mississippi River just south of Minneapolis and eventually the Gulf […]
Taxes have long been used by policymakers to promote and discourage particular behaviors in both individuals and societies. The use of such taxes touches all aspects of life and spans the political spectrum; from […]