Dickinson v. Fund for the Support of Free Public Schools

The opinion of the Court was delivered by

SCHREIBER, J.

This case concerns the meaning and constitutionality of the November 3, 1981 amendment to the New Jersey Constitution adopted on November 3,1981, N.J. Const. of 1947, art. VIII, § 5, para. 1 (the “Amendment”), which created in effect a statute of limitations on State claims to New Jersey tidelands. The Amendment bars the State’s claims to lands that have not been tidally flowed for a period of 40 years unless the State has “specifically defined and asserted” its claims within that period. As to lands not tidally flowed during the 40 years…