"Waterlocked": Public Access to New Jersey's Coastline

Mulvaney, Timothy M.; Weeks, Brian
May 2007
Ecology Law Quarterly;2007, Vol. 34 Issue 2, p579
Academic Journal
"The State can no more abdicate its trust over property in which the whole people are interested...than it can abdicate its police powers...." "The proprietors were men who understood their rights, and were fearless in the defence of them. If those who twice purchased New Jersey; who braved the dangers of an immense ocean; shared in the toils, sufferings, and privations of the first settlers; who claimed all strays by land, and wrecks by sea, in virtue of their grants, and never for a moment conceived that these grants swallowed up what, by the law of the land they left, had ever been considered the common rights of Englishmen; shall we, after a lapse of almost three centuries, insult the memory of men who were an ornament to the human race, whose virtues have highly exalted their names, and whose labours have been a blessing to the world, by saying, they knew nothing of their privileges, and that their birthrights were lost forever in the forests of New Jersey; that their boasted Magna Charta was a farce from which they could derive no benefit; and that liberty, which they so highly valued, was confined to the grants and concessions? or that our legislatures, from time to time taking upon them to regulate fisheries of oysters as well as of floating fish for the public benefit, were totally ignorant of their powers, overstepped the bounds prescribed by the constitution, to the destruction of the rights and interests of individuals? I think not." "That generations of trustees have slept on public rights does not foreclose their successors from awakening."


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