Evening journal., 1912-06-14
State Owns Waterfront City Solicitor Informs Members City Council

the public comfort. which properly
appealed to the Legislature as the
representative of the police power In
the interest of safer and more con-
venient navigation over the fats along
the Charles river. and OF tho public
health And comfort, the construction
of the dam and the filling OF strip
OF land outside of the sea wall were
treated by the legislature as parts OF
single project for the public good
The building of a new wall or en-
bankment and the taking OF the in
tervening land for a public park are
required by the same statute that di-
rects the construction OF the dam, and
are natural, II not necessary, Incl
dents of the change In the level of the
water. There was a sufficient reason,
In the condition and in the objects 10
be accomplished. for the exercise Of
the paramount power OF the lesisla-
ture over the commemorative land
under tide water"
The court further saws: "The
most important contention Of the Pc
titioners Is that they have a right of
access 10 deep water from their lands
and right of access TO their land
from the channell principally used
for navigation. :"
In sense. there is valuable
right OF access TO the waterway or
or street is there. But IL does not
follow that the abutter on the water
way can insist that the government
shall make no change In the water
way on It's own land, In the interest
tr.I Lea 10, nj
cation, which shall leave him with a
less T., .venient passagewBy TO the
channel, or perhaps with no passage
way at all. The government has this
paramount right TO do what is neces-
sary for the public good. in promot-
ing better navigation The benefits
enjoyed by the abutting landowner are
| helc subject 10 the possibility of di-
minutioh or loss by the exercise OF
/ this right In like manner on a
street-whilc no ono can cut of the
abutter from access to the street In
front o; his premises, it does not fol-
| low that the government. having once
laid out the street, is bound 10 main
tain II there forever. and that, as
against the government. the abutter
has acquired a right OF property TO
have IL 80 maintained for his indi-
vidual benefit. The right OF access by
reason of his proximity. while the
street remains there. gives his prop
etry value, derived In part from the
! probability that the conditions will
remain. But. n the public interest
requires the discontinuance Of the
street, his right OF access 10 Il, so long
as it remains a street, comes TO an
end. The street may be discontinued
i If the state determines that the pub
! lie interest requires the discontinue
ance of Il. Many members OF tho
public may suffer from the discon-
tinuance-property owners in the
neighborhood, and others. An abutter
on the part discontinued may suffer
more than others, and his property
4 may be so situated that he suffers
special and peculiar damages, differ
\ ent from those OF the public who are
simply deprived OF the right to pass
longitudinally along the street His
damage may be such as to make II
proper to give him compensation
but, by the original construction o
the street, he did not acquire, al
agains. the government, a new righ
of property, such that the discontinu
ance of the street will take from hin
a part OF his estate that can only b
taken under the right OF eminent do
main"
State still Has Title.
have given to this important sub
ject, careful consideration as care
ful as IL was possible TO give will
the limited time ] have had TO con
slider il
NJ conclusion, with respect to th'
title Of this land. is that the fee 4,
the same was undoubtedly in th'