Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 6

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...under the common-law right of riparian ownership. Application of Hoel, 13 Dec. Dep. Int. 588;" Instructions of Department of Interior to Com. Gen. Land Ofiice, 14 Dec. Dept. Int. 119; Black. Pom. Water Rights, 36. As our statute contains no specific provision relating to a riparian proprietor of land contiguous to a meandered. nonnavigable lake, we are properly influenced by the decisions of the general land office in concluding that plaintiff is entitled to the privileges of such a proprietor; and governed by the principals of justice and the dictates of a sound public policy, we will look to the common law to definitely ascertain the nature and extent of his rights. Section 2, c. 105, Laws 1890. We are disposed to believe that plaintiff by complying with the law. and by virture of his entry and payment to the government of all the money that will ever be required as compensation for lot 1, is entitled to the exclusive use and occupation of all the land that he will eventually take under his patent when the same is issued. In the case of Hardin v. Jordon, 140 U. S. 372, 11 Sup. Ct. 808, 838, in holding that a grant of land contiguous to a lake, like the one under consideration, extends to the center thereof, the court, speaking through Justice Bradley says: "It has been the practice of the government from its origin, '.: disposing of the public lands, to measure the price to be paid for them by the quantity of upland granted, no charge being made for the lands under the bed of the stream or other body of water. The meander lines run along or near the margin of such waters are run for the purpose of ascertaining the exact quantity of the upland to be charged for, and not for the purpose or limiting the title of the more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236904079
  • 9781236904072