United States v. John v. Tilton, Brenda Tilton and I.T.T. Rayonier, Inc.

VANCE, Circuit Judge:

In 1975 defendants John and Brenda Til-ton became the owners of 151 acres of land in Putnam County, Florida adjacent to the St. Johns River, a navigable stream. The land contains a pecan grove, pasture lands on which Mr. Tilton raises cattle and a wetlands area or freshwater swamp. The wetlands are separated from the river by an earthen berm thirty or more feet in width with an old roadway on it. There is no direct or indirect surface connection between the wetlands and the river. The evidence does not reveal whether the berm is natural or man-made, but it has existed for…