David W. Deakyne, in 82-1162 v. Department of the Army Corps of Engineers, United States of America, Department of the Army, in 82-1248

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal and cross-appeal arise from an action brought by David W. Deakyne against the United States to quiet title to 2.25 acres of marshland located on the northeasterly side of the Lewes and Reho-both Canal in the City of Lewes, Delaware. 1 The case has a venerable history, extending back to 1887, when the Delaware legislature authorized condemnation of the land for use by the United States for construction of a canal. The original plans for the canal would have left the land submerged; however, the canal, as ultimately built in 1927, bypassed…