Dickinson v. Fund for the Support of Free Public Schools

469 A.2d 1, 95 N.J. 65, 1983 N.J. LEXIS 3241
CourtSupreme Court of New Jersey
DecidedDecember 21, 1983
StatusPublished
Cited by14 cases

This text of 469 A.2d 1 (Dickinson v. Fund for the Support of Free Public Schools) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickinson v. Fund for the Support of Free Public Schools, 469 A.2d 1, 95 N.J. 65, 1983 N.J. LEXIS 3241 (N.J. 1983).

Opinions

The opinion of the Court was delivered by

SCHREIBER, J.

This case concerns the meaning and constitutionality of the November 3, 1981 amendment to the New Jersey Constitution adopted on November 3,1981, N.J. Const. of 1947, art. VIII, § 5, para. 1 (the “Amendment”), which created in effect a statute of limitations on State claims to New Jersey tidelands. The Amendment bars the State’s claims to lands that have not been tidally flowed for a period of 40 years unless the State has “specifically defined and asserted” its claims within that period. As to lands not tidally flowed during the 40 years or more before adoption of the Amendment, the State has an additional year specifically to define and assert its claim.

The ten plaihtiffs, all New Jersey residents, include landowners, taxpayers, a public school teacher, two public school students, an owner of a bond issued by a New Jersey school district, and a purchaser of a riparian grant from the State. The [71]*71defendants are the Tidelands Resource Council (the “Council”),1 the Fund for the Support of Free Public Schools and the trustees of the Fund. The complaint charged: (1) that the Amendment was invalid because it purported to convey title to certain riparian lands to upland owners without consideration to the State, thereby violating the federal and state Constitutions; (2) that the Amendment deprived the trustees and beneficiaries of the Fund of property without due process and just compensation in violation of the Fifth and Fourteenth Amendments to the United States Constitution; (3) that because the State will not be able to map all the riparian lands that it owns for almost five years, some upland owners will obtain riparian lands without consideration whereas others will have paid compensation for riparian lands abutting their property, thus constituting discrimination in violation of the Fourteenth Amendment to the United States Constitution and article I, paragraphs 1 and 5 of the New Jersey Constitution; (4) that the Tidelands Resource Council “arbitrarily, capriciously and unreasonably refused to approve” maps so that plaintiffs will lose their claims to unmapped riparian lands; and (5) that purchasers of school bonds issued since enactment of the New Jersey School Bond Reserve Act in 1980 relied on the security of proceeds from the sale of riparian lands pledged to the Fund for the Support of Free Public Schools and that the effect of the Amendment is to impair that security, thereby violating the contract clauses of the New Jersey and United States Constitutions. The defendants filed a general denial and ten affirmative defenses ranging from lack of subject matter jurisdiction to lack of standing.

The trial court denied defendants’ motion for judgment on the pleadings. Upon completion of a plenary hearing, the trial court in a written opinion, 187 N.J.Super. 320 (Law Div.1982), concluded that it was unnecessary to decide the constitutional issues [72]*72because 1632 base photomaps that had been prepared by the State satisfactorily delineated the State’s claims. Id. at 335, 338-39. A map of the State depicting the locations reflected on these base photomaps was marked in evidence at the trial as Exhibit P-13 (“P-13”). The trial court ordered the defendants to file the photomaps and P-13 with the Secretary of State and with clerks of counties and municipalities in which the lands were situated. The trial court also ordered the defendants to complete mapping in accordance with N.J.S.A. 13:1B-13.4 by December 31, 1985. Id. at 340-41.

Both plaintiffs and defendants appealed. The New Jersey Land Title Association was permitted to intervene as amicus curiae. The Appellate Division, in a divided decision, reversed in an opinion written by Judge Greenberg and dismissed the complaint. 187 N.J.Super. 224 (1982). It rejected the plaintiffs’ constitutional attack and upheld the validity of the Amendment. Id. at 249-53. However, the Appellate Division decided that the base photomaps did not satisfy the Amendment, id. at 242, but that only those base photomaps with a scribed overlay depicting a line where it was alleged the water had tidally flowed were sufficient (908 photomaps with overlays had been approved by the Council at the time of the Appellate Division opinion on October 22, 1982).2 The Appellate Division also held that the State had the burden of establishing that land had been tidally flowed, id. at 245, and that for the purpose of the Amendment mapping had to meet the statutory requirements of N.J.S.A. 13.-1B-13.1 to -13.6 (“Title 13”), id. at 241-43. The dissenting opinion accepted the majority’s constitutional holding, id. at 254, but agreed with the trial court that the photomaps with or without a scribed overlay were sufficient to assert the State’s claims, id. at 263-64.

[73]*73Plaintiffs filed a notice of appeal and petition for certification. The defendants filed a cross-petition for certification.3 Both petitions were granted. 93 N.J. 294 (1983). While these matters were pending the parties entered into a Consent Order dated October 26, 1982, providing that the defendants file the photomaps in accordance with the trial court’s decision to preserve the integrity of that decision in the event this Court adopted the trial court’s interpretation of the Amendment.

I

The Subject Matter of the Amendment

The historical background concerning the legal status of tidelands is described in detail in the Appellate Division opinion, 187 N.J.Super. at 227-32, and need not be repeated here. The crucial underlying historical fact is that the State owned all land below the mean high water mark on tidally flowed property. O’Neill v. State Hwy. Dep’t, 50 N.J. 307, 323 (1967). Upland is land “above mean high water.” City of Newark v. Natural Resource Comn., 133 N.J.Super. 245, 252 (Law Div.1974), aff'd, 148 N.J.Super. 297 (App.Div.1977). Interior land that the mean high tide did not reach was not tideland. 50 N.J. at 324. The State could not acquire interior land artificially, such as by constructing ditches that divert the tide onto lands otherwise unflowed. Nor could the riparian owner, generally speaking,4 enlarge his holdings by excluding the tide. Ibid. It was the need to unravel the artificial changes and to determine the legal [74]*74status of the land that motivated this Court to suggest in O'Neill “that the appropriate officers of the State should do what is feasible to catalogue the State’s far flung holdings.” 50 N.J. at 320. O’Neill pertained to land in the Hackensack meadowlands and attention focused on cataloguing the State’s ownership claims in the meadowlands. The legislative response to O’Neill was enactment of N.J.S.A. 13.-1B-13.1 to -13.6.

Title 13 required that the Council undertake title studies and surveys of “meadowlands” throughout the State “to determine and certify those lands which it finds are State owned lands.” N.J.S.A. 13:1B-13.2. “Meadowlands” are defined as “those lands, now or formerly consisting chiefly of salt water swamps, meadows or marshes.” N.J.S.A. 13:1B-13.1(a). The statute also states that “[ijmproved meadowlands” means those “reclaimed by fill or other material” and may include structures. N.J.S.A. 13:1B-13.1(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commc'ns Workers of Am. v. N.J. Civil Serv. Comm'n
191 A.3d 643 (Supreme Court of New Jersey, 2018)
William W. Lisowski v. Borough of Avalon And
122 A.3d 1004 (New Jersey Superior Court App Division, 2015)
City of Long Branch v. Jui Yung Liu
4 A.3d 542 (Supreme Court of New Jersey, 2010)
Rumana v. County of Passaic
936 A.2d 971 (New Jersey Superior Court App Division, 2007)
Panetta v. Equity One, Inc.
920 A.2d 638 (Supreme Court of New Jersey, 2007)
State v. Trump Hotels & Casino Resorts, Inc.
734 A.2d 1160 (Supreme Court of New Jersey, 1999)
Van Wingerden v. Lafayette Township
15 N.J. Tax 475 (New Jersey Tax Court, 1996)
State v. Apportionment Commission
593 A.2d 710 (Supreme Court of New Jersey, 1991)
Franklin v. NJ DEPT. OF HUMAN SERV.
543 A.2d 56 (New Jersey Superior Court App Division, 1988)
Brancasons v. State
510 A.2d 279 (New Jersey Superior Court App Division, 1986)
Dickinson v. Fund for the Support of Free Public Schools
469 A.2d 1 (Supreme Court of New Jersey, 1983)
City of Jersey City v. Tidelands Resource Council
469 A.2d 19 (Supreme Court of New Jersey, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
469 A.2d 1, 95 N.J. 65, 1983 N.J. LEXIS 3241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickinson-v-fund-for-the-support-of-free-public-schools-nj-1983.