101 Ranch v. United States

905 F.2d 180, 1990 WL 70559
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 30, 1990
DocketNo. 89-5176
StatusPublished
Cited by7 cases

This text of 905 F.2d 180 (101 Ranch v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
101 Ranch v. United States, 905 F.2d 180, 1990 WL 70559 (8th Cir. 1990).

Opinion

LARSON, Senior District Judge.

Plaintiff 101 Ranch, a North Dakota partnership, appeals from a judgment in favor of the United States in a quiet title action brought by plaintiff pursuant to 28 U.S.C. § 2409a. Plaintiff owns land adjacent to the West Bay of Devils Lake, a navigable body of water located in northeastern North Dakota. As an incident of statehood in 1889, North Dakota acquired title to the bed of Devils Lake, which it conveyed to the United States in 1971. Plaintiff seeks to quiet title in lands which are now a part of the lakebed, arguing title vested in plaintiff as a result of a quiet title action in 1929 and a deed from the state given in 1949. We affirm the district court’s 1 judgment, 714 F.Supp. 1005, vesting title to the submerged lands in the United States.

I.

After granting defendant’s motion for summary judgment in part, the district court referred this matter to a magistrate,2 who acted as a special master pursuant to 28 U.S.C. § 636(b)(2) and Fed.R.Civ.P. 53. The magistrate’s report effectively sets out the facts and governing principles of law.3

When the Original Colonies ratified the Constitution, they succeeded to the Crown’s title and interest in the beds of navigable waters within their respective borders. See Utah Division of State Lands v. United States, 482 U.S. 193, 195-96, 107 S.Ct. 2318, 2320-21, 96 L.Ed.2d 162 (1987); Bonelli Cattle Co. v. Arizona, 414 U.S. 313, 317-18, 94 S.Ct. 517, 521-22, 38 L.Ed.2d 526 (1973), overruled on other grounds, Oregon ex rel. State Land Board v. Corvallis Sand & Gravel Co., 429 U.S. 363, 97 S.Ct. 582, 50 L.Ed.2d 550 (1977). Under the equal footing doctrine, new states were admitted with “the same rights, sovereignty and jurisdiction ... as the original States possess within their respective borders.” Bonelli, 414 U.S. at 318, 94 S.Ct. at 522. Accordingly, title to lands beneath navigable waters passed from the federal government to the states upon their admission to the Union. Id.

In 1889, when North Dakota was admitted to the Union, Devils Lake covered an area in excess of 60,000 acres. Steamboats carrying lumber, machinery, general merchandise, mail, and passengers regularly plied the lake. North Dakota thus received title to the lakebed as an incident of statehood. See In re Matter of the Ownership of the Bed of Devils Lake, 423 N.W.2d 141, 142 (N.D.1988).

Title to beds beneath navigable waters is held by the sovereign as a public trust for the public. Bonelli Cattle, 414 U.S. at 321-22, 94 S.Ct. at 523-24.

Such waters ... are incapable of ordinary and private occupation, cultivation and improvement; and their natural and primary uses are public in their nature, for highways of navigation and corn-[183]*183merce, domestic and foreign, and for the purpose of fishing....

Id. at 322, 94 S.Ct. at 524. “Public purposes” are not limited to trade and commerce, however: “[p]urposes of pleasure, public convenience, and enjoyment may be public as well as purposes of trade.” Roberts v. Taylor, 47 N.D. 146, 181 N.W. 622, 625-26 (1921).

In order for the states to guarantee full public enjoyment of their navigable watercourses, the sovereign’s title automatically follows gradual changes in the boundary of a water body. Bonelli Cattle, 414 U.S. at 318, 94 S.Ct. at 522; Roberts, 181 N.W. at 626. For terminal lakes such as Devils Lake, the doctrines of reliction and submergence define the boundary between public and private interests. See California ex rel. State Lands Commission v. United States, 805 F.2d 857, 864-65 (9th Cir.1986), cert. denied, 484 U.S. 816, 108 S.Ct. 70, 98 L.Ed.2d 34 (1987); In re Ownership of Bed of Devils Lake, 423 N.W.2d 141, 143-44 (N.D.1988); Hogue v. Bourgois, 71 N.W.2d 47, 52 (N.D.1955).

The land acquired by plaintiffs or their predecessors in interest through United States patent was adjacent to the ordinary high water mark4 of West Bay at the time of the original survey, and hence was also subject to reliction and submergence.5 Under the doctrine of reliction, the upland landowner takes title to lands uncovered by the gradual recession of the water. See Bear v. United States, 611 F.Supp. 589, 593 n. 2 (D.Neb.1985), aff'd, 810 F.2d 153 (8th Cir.1987). Under the doctrine of submergence, title to land which becomes submerged by the gradual rise in water level reverts to the sovereign “in order to guarantee full public enjoyment of the watercourse.” Bonelli Cattle, 414 U.S. at 323, 94 S.Ct. at 525; Hogue, 71 N.W.2d at 52.

Were the rule otherwise, the dominion and control of navigation by the state ... would depend on the vagaries of the [water level], permitting state control where the [water] adhered to its course at the time of admission of the State to the Union and denying the state control where the [water] ... subsequently migrated and submerged patented lands. This would lead to absurd and whimsical results.

Hogue, 71 N.W.2d at 52.

II.

The water level of Devils Lake has fluctuated widely since North Dakota obtained title to the lakebed.6 The lake had begun to recede in 1867, and when the shoreline’s elevation fell below 1,423 feet above sea level in 1909, West Bay became entirely dry. The exposed land was cultivated as farmland. In 1940, Devils Lake reached a low of 1,400 feet above sea level, and gradually began to rise again. Farming continued on land that was once West Bay until the lake level again rose above 1,423 feet above sea level in 1974. The ordinary high water mark is now at 1,427 feet above sea level, and West Bay remains submerged.

In 1929, the owners of land surrounding what had once been West Bay apportioned [184]*184the dry lakebed among themselves and commenced an action to quiet title to the land they apportioned. North Dakota was served as a party defendant, but did not enter an appearance, and a default judgment was granted against the state. In 1949, plaintiff received a quitclaim deed from the state to other relicted lands as a result of an apportionment between plaintiff and the state, which in addition to owning the lakebed also owned upland adjacent to plaintiff's land.

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101 Ranch v. United States
905 F.2d 180 (Eighth Circuit, 1990)

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Bluebook (online)
905 F.2d 180, 1990 WL 70559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/101-ranch-v-united-states-ca8-1990.