712 S.E.2d 395
S.C.2011Background
- Tenney purchased Little Jack Rowe Island in 2005 and sought a dock permit, but DHEC required proof of a sovereign grant per Coburg before processing the permit.
- Coburg I and Coburg II held that marsh islands are presumptively owned by the State and require a sovereign grant to prove ownership.
- The master granted Tenney quiet title but held that Little Jack Rowe was not a marsh island under Coburg and that Tenney had a forty-year title, with a 1865 Federal Tax Certificate cited as a sovereign grant.
- DHEC denied Tenney’s dock permit in 2008; Respondent pursued both quiet title and declaratory relief to obtain the permit.
- The Supreme Court overruled Coburg’s presumption, holding that title to marsh islands does not automatically follow marshland title and that the Coburg principle should not extend to above-high-water lands.
- The Court quieted title to Little Jack Rowe in Tenney’s favor, thereby recognizing Tenney’s fee simple ownership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tenney holds fee simple title to Little Jack Rowe Island | Tenney’s chain and 1865 Tax Certificate constitute a sovereign grant. | Coburg presumption makes the State owner of marsh islands, barring Tenney’s fee simple title. | Tenney holds fee simple title; Coburg overruled. |
| Whether Coburg I/II apply to Little Jack Rowe | Coburg applies to establish State ownership of marsh islands. | Coburg rests on public trust and historical grants favoring State ownership. | Coburg overruled; Coburg principle not controlling. |
| Whether the 1865 Federal Tax Certificate constitutes a sovereign grant | Certificate evidences sovereign grant supporting Tenney’s title. | Grant status is not clearly demonstrated by the Certificate alone and Coburg controls. | Remainder not necessary to resolve; decision rests on overturning Coburg. |
Key Cases Cited
- Coburg, Inc. v. Lesser, 309 S.C. 252, 422 S.E.2d 96 (1992) (presumption of State ownership for marsh islands; marshland title generally in State)
- Coburg II, 318 S.C. 510, 458 S.E.2d 547 (1995) (reaffirmed Coburg marsh island presumption; evaluated grant descriptions)
- McQueen v. S.C. Coastal Council, 354 S.C. 142, 580 S.E.2d 116 (2003) (public trust doctrine; title rests with State below high water mark absent specific grant)
- State v. Pacific Guano Co., 22 S.C. 50, 84 (1884) (public trust doctrine and navigable waters; rights to shore areas)
- State v. Hardee, 259 S.C. 535, 193 S.E.2d 497 (1972) (land between high and low water marks remains with State absent clear grant)
- State v. Fain, 273 S.C. 748, 259 S.E.2d 606 (1979) (proof of land ownership in tidal areas; public trust considerations)
- McCullough v. Wall, 4 Rich. 68 (1849) (riparian and island ownership principles; historic context for island ownership)