2000 Baum Family Trust v. Babel

I respectfully dissent, because I conclude that long-settled precedent establishes that a “statutory ‘base fee’ ” is a fee ownership title capable of cutting off riparian rights and no precedent from this Court has established a contrary rule.

“At the common law, when the owner of land has laid it out into village lots, intersected with roads and public squares, such roads and squares are dedicated to the public use. But it is not the fee of the land which passes in such cases; the public have only an easement in the land, the fee itself for all other purposes remains in the owner.” Wanzer v…