Legal Opinion
Matthews v. Bay Head Improvement Ass'n
Supreme Court of New Jersey
Decided February 2, 1984PublishedCited by 58 opinions
1Opinion of the Court
The opinion of the Court was delivered by
SCHREIBER, J.
The public trust doctrine acknowledges that the ownership, dominion and sovereignty over land flowed by tidal waters, which extend to the mean high water mark, is vested in the State in trust for the people. The public’s right to use the tidal lands and water encompasses navigation, fishing and recreational uses, including bathing, swimming and other shore activities. Borough of Neptune City v. Borough of Avon-by-the-Sea, 61 N.J. 296, 309 (1972). In Avon we held that the public trust applied to the municipally-owned dry sand beach…
2Cases cited32 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
- New Jersey Sports & Exposition Authority v. McCraneSupreme Court of New Jersey · 1972
- Falcone v. Middlesex County Medical SocietySupreme Court of New Jersey · 1961
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3Cited by58 opinions
- District of Columbia, a Municipal Corporation v. Air Florida, Inc.Court of Appeals for the D.C. Circuit · 1984
- In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
- Severance v. PattersonTexas Supreme Court · 2012
- City of Long Branch v. Jui Yung LiuSupreme Court of New Jersey · 2010
- Stevens v. City of Cannon BeachOregon Supreme Court · 1993
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