City of Los Angeles v. Borax Consolidated Ltd.

5 Citing cases

  1. Borax, Ltd. v. Los Angeles

    296 U.S. 10 (1935)   Cited 147 times
    Approving definition of "mean high tide line" based on "average height of all the high waters . . . over a considerable period of time," at least 18.6 years

    In as much as the United States Coast and Geodetic Survey defines mean high water at any place as the average height of all the high waters at that place over a considerable period of time, and finds that, from theoretical considerations of an astronomical character, there should be a periodic variation in the rise of water above sea level having a period of 18.6 years, the Court approves a ruling that, in order to ascertain mean high tide line with requisite certainty in fixing the boundary of valuable tidelands, an average of 18.6 years should be determined as nearly as possible. P. 26. 74 F.2d 901, affirmed. CERTIORARI, 295 U.S. 729, to review the reversal of a decree of the District Court, which dismissed upon the merits a bill by the City to quiet title to land claimed to be tideland.

  2. City of Los Angeles v. Borax Consolidated

    102 F.2d 52 (9th Cir. 1939)   Cited 5 times

    The principal controversy upon the first trial was whether or not the lines of the Norway survey enclosing Mormon Island were boundary lines or meander lines. On the first appeal (9 Cir., 74 F.2d 901) we held that the lines were meander lines and that the property conveyed by the United States patent to Banning was the land of Mormon Island above the mean high tide line. Our decision, directing the lower court to retry the case and determine the location of the mean high tide line and to take such proceedings as were not inconsistent with our opinion, was affirmed by the Supreme Court.

  3. City of Los Angeles v. Borax Consol. Limited

    20 F. Supp. 69 (S.D. Cal. 1937)   Cited 4 times

    Action to quiet title to part of Mormon Island in the inner bay of San Pedro brought by the City of Los Angeles against the Pacific Coast Borax Company and another, after judgment in a former trial reversed on appeal. City of Los Angeles v. Borax Consolidated Limited (C.C.A.) 74 F.2d 901; Borax Consolidated v. Los Angeles, 296 U.S. 10, 56 S.Ct. 23, 80 L.Ed. 9. The plane of mean lower low water was first ascertained in 1878 and the position of its datum plane was preserved by bench mark 10.07.

  4. Andersen v. Monforton

    329 Mont. 460 (Mont. 2005)   Cited 6 times

    " Boynton, 53 F.2d at 298. Citing Boynton as precedent, the Ninth Circuit held in City of Los Angeles v. Borax Consolidated Limited (9th Cir. 1935), 74 F.2d 901, 902, that even though the plat "did not distinctly state that the lines of the patent were meander lines," it was clearly inferable from the description. ΒΆ 22 This Court long ago recognized that "[t]he general rule adopted by state and federal courts is that meander lines run in surveying fractional portions of the public lands bordering upon navigable bodies of water are not run as boundaries of the tract, but for the purpose of defining the sinuosities of the banks of the lake or river. . . . The title of the grantee is not limited to such meander lines; the waters themselves and not the meander line constitute the real boundary."

  5. Colle Towing Co. v. Harrison County

    213 Miss. 442 (Miss. 1952)   Cited 22 times
    Holding that the oral contract between the board president and a private party was "void and that no valid contract was ever made" with the county

    V. Where the board of supervisors legally came into the possession of appellant's property and made use of said property for a valid and legal purpose; and where there was an entire fairness in the dealings and the transaction was conducted throughout in the open in such a manner that any of the public within the county might at any time see or upon inquiry might know all that is or was going on about it; where earnest attempts were made to validate the actions of the board, which actions following the initial contract could have been legally done; and where the appellant made repeated demands for the return of its property, but instead was compensated for part of the period of use; the appellant is entitled to fair compensation for the remaining period during which the property was being used by the county, for the county's benefit. American LaFrance Inc. v. Philadelphia, 183 Miss. 207, 184 So. 620; Crump v. Board of Supervisors of Colfax County, 52 Miss. 107; Independent Paving Co. v. City of Bay St. Louis, 74 F.2d 901; Magee, Town of v. Wallett, 178 Miss. 629, 174 So. 246; Methodist-Episcopal Church of Vicksburg v. Aldermen of Vicksburg, 50 Miss. 601; 84 A.L.R. 936, 110 A.L.R. 153. VI. The use of the appellant's barges without paying compensation is a taking of private property within the contemplation of section seventeen, Mississippi Constitution, and as such is compensable.