|
Student Publications Homepage
ARTICLE CONTENTS
[Pages 431-464]
TOP OF ARTICLE
Introduction
I. Ancient Origins, English Common Law Developments, and Application of the Public Trust Doctrine to the
New World and Post-Colonial America
A. The Ancient Roots of the Public Trust Doctrine
B. English Common Law Developments in the Public Trust Doctrine
C. Development of the Public Trust Doctrine in the United States
1. Massachusetts
a. Colonial Development
b. Post-Colonial Developments
2. Federal Oversight of the Public Trust Doctrine
D. Judicial Application of the Ordinance to Massachusetts
1. Privately Owned Ocean-Front Flats in Massachusetts
2. The Ordinance and the Commonwealth’s Great Ponds
II. The Islands of Nantucket and Martha’s Vineyard in the Massachusetts Framework
A. The Independent Political History of Nantucket and Martha’s Vineyard
B. Economic Development of Nantucket and Martha’s Vineyard
1. A Distinct Society
2. Independent Commercial Development
3. The Rise of a New Commodity
III. Misapplication of the Public Trust Doctrine on Nantucket and Martha’s Vineyard
A. The Violation of the Public Trust Doctrine on Nantucket and Martha’s Vineyard
1. Independent Trust Rights Vested in the Beaches of Nantucket and Martha’s Vineyard
2. The Legislature Must Recognize the Public’s Trust Rights and Consciously Intend to Terminate Them
3. Trust Rights May Only Be Extinguished for a Valid Purpose
C. Reestablishing Trust Rights on Nantucket and Martha’s Vineyard
Conclusion
|
