Evening journal., 1912-05-29
Peoples Column
RIPARIAN OWNERS
RIGHTS In LAND

Editor Of THE EVENING JOURNAL.
Sir-In the opinion of prominent
lawyers there is no reasonable ques-
ton as to the riparian rights of the
littoral land owners out to the low
water line as a legal principle. and as
their deeds call for. That is admitted
more fully and frankly than they have
virtually claimed.
The littoral owners themselves
know and have recognized the States
ownership Of land under water beyond
low water line as evidenced by their
interest in working through the Leg
islature, the act of 1901, for the State
to give them its title to the land with
out consideration. Now by their evil
dent and public anxiety to have Coun-
ell tie the city's hands forever by the
proposed agreement to allow the city
just as little portion of the land to
be made by the United States govern
ment BY filling in behind the bulk
head-the measliest little sop to in
duce the city to sign this partnership
agreement to influence the govern
ment to complete the bulkhead or
dixie and start filling in, so that they
may claim and get deeds from the
State, as provided in the act of 1901.
That act of 1901 shows that the RI
parian owners themselves did not
have full courage Of their claim Of
land to low water line even, not to
speak of claiming an inch of land
of the State of Delaware beyond low
water. The act of 1901 provides that
when the bulkhead shall be complet-
ed, etc, the attorney general of the
State Of Delaware shall prepare deeds
and the secretary of state of the State
of Delaware shall sign those deeds,
granting to the littoral owners the
| land of the State of Delaware of
course, from said bulkhead inshore.
/ To what line? To low water line?
No. thank you'll Not for theirs. They
must have sure and full title from
the State. The act of 1901 provides
that the States deeds to the littoral
owners shall be from the bulkhead
line in to the high water line.
If the State of Delaware does not
own this land. why ask the State tc
give a deed for land to which the
State has no title?
The riparian owners knew the State
of Delaware owned beyond low water
line certainly. They did not want tC
take any chance of any claim that
might be made that the State also
held title or claim between high wa.
ter line and low water line after
tide lines had been eliminated.
AS to the act of 1901. the conditions
have never been fulfilled under which
the State is expected to deed this land
to the littoral owners. They have
never done any work or made any ex
penditure on the work conditioned
and there has never been any warran
for them TO demand deeds. It is quit'
evident the State still owns and holds
the land. They are not now doing an
work to entitle them 10 ask for deeds
They have simply entered big specu
lation by buying the littoral lands Il
buy the city's influence as cheaply al
possible. with as small a gift. as the,
call IT. not Of their own land. but o
the land to be filled in by the Gov
ernment within bounds that actuall.
belong to the State Of Delaware
which, by the city's influence. is to b.
filed I'm by the government and the
decided TO thom by the State
In examining the maps and record
of these lands we find one landmar
that stands forth as the sure limita
tiOn Of claim as littoral lands with RI
parian rights. The old Marsh. or Ha
Road was apparently laid out over
hundred years ago. when the care an
protection of Cherry Island mars
lands was first organized and mad
effective. This old Hay road. as CON
monty called, crossed the present lin
I of Fourth street extended, about on
l thousand and fifty feet inland. and "a
somewhat on the line of the river ban
Il northerly, crossing the present line ;
Twelfth street extended about "a
feet inside the river bank and then il
; regularly paralleling from that dii
tance down TO four hundred and fift
or five hundred feet inside the rive
= bank to a point about eleven hundre
= feet above old Mud creek. now calle
= Shellpot, outlet to the river sluic
! where the Old Hay road bends sharl
:. ly northwesterly around littoral pro-
: erty now Of the Edge Moore IrC
Company.
Everyone who has gunned or fisht
or tramped over this territory know
:, the Old Hay road The land east
~ the Old Hay road and only these lanC
between this Old Hay road and Il
q Delaware river are the littoral lant
II with riparian right under consider
! tion.
~ There are actually four owne
" Of these iittoral lands with riparis
n rights on the river front Of the c
al v---=-=----,-