United States v. Old Dominion Boat Club
630 F.3d 1039
D.C. Cir.2011Background
- United States sues to quiet title to filled lands on Potomac riverbed near Alexandria to secure public access.
- Old Dominion Boat Club (private Virginia club) owns parcels on reclaimed lands and seeks to stay exclusive use.
- District court held United States owns bed to 1791 high-water mark but Old Dominion has right to fill and wharves; public access not required.
- Maryland law as of 1801 governs riparian rights in the DC area; Belt trio held riparian rights include fill/wharf rights.
- Government appeals, arguing Belt trio are non-binding due to later Maryland decisions; court reviews Maryland law and precedents de novo.
- Court affirms district court, holding Belt trio binding as of 1801 and consistent with Maryland law and older federal precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Belt trio binding precedents control riparian rights as of 1801. | United States argues later Maryland decisions undermine Belt trio. | Old Dominion relies on Belt trio for right to fill and wharf. | Yes; Belt trio binding and consistent with Maryland law as of 1801. |
| Whether subsequent Maryland cases negate the Belt trio's interpretation. | Maryland cases post-date Belt trio undermine Chase and common law rights. | Maryland cases do not conclusively repudiate Chase; preemption by statute not shown. | No; Belt trio remains binding despite later Maryland decisions. |
| What governing law applies to riparian rights in DC area. | Maryland law governs riparian rights for DC area property. | State law should apply; Maryland law 1801 limits riparian rights. | Maryland law as in force in 1801 governs riparian rights. |
| Whether to certify a question to Maryland Court of Appeals. | Certification could resolve uncertainty in Maryland law. | Certification would delay resolution and Maryland law is sufficiently clear. | Certification declined; discernible path exists and no uncertainty justifying certification. |
Key Cases Cited
- Belt v. United States, 142 F.2d 761 (D.C. Cir. 1944) (riparian-rights include the right to access and to build wharves under state law)
- Martin v. Standard Oil Co. of N.J., 198 F.2d 523 (D.C. Cir. 1952) (riparian owner has a qualified right to fill and build wharves; right vests upon exercise)
- Chase, Baltimore & Ohio Railroad Co. v. Chase, 43 Md. 23 (Md. 1875) (riparian access and wharf rights described under Maryland common law)
- Marine Railway & Coal Co. v. United States, 265 F.437 (D.C. Cir. 1920) (federal power to interfere with riparian rights to promote navigation; title questions not at issue)
- Shively v. Bowlby, 152 U.S.1 (U.S. Supreme Court) (early assessment of riparian rights under Maryland law)