LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Brian D. Israel of Arnold & Porter LLP Speaker 5a: 10
Appleby v. City of New York
(US Supreme Court 1926)
Holding: The conveyed parcels of submerged
land were not part of the public trust. The grant
to Appleby was valid.
Why the difference between Illinois Central and
Appleby?
7/15/2010 Brian D. Israel
19
Appleby v. City of New York
(US Supreme Court 1926)
Size: The area conveyed in Illinois Central was
three times larger than in Appleby. The land grant
in Illinois “was a gross perversion of the trust over
the property under which it was held” but the
smaller land grant to Appleby was acceptable.
Public interest: Unlike Illinois Central, the public
interest in Appleby was to promote the
development of the harbor. It was both very well
defined and related to navigation. In Illinois, the
public interest was not as clear.
7/15/2010 Brian D. Israel
20
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM