Also known as:public trust doctrine · public-trust doctrine · PTD
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which the state holds title to lands flowed by tidal waters in trust for the public. The public holds rights to use those lands and waters for navigation, fishing, and recreational purposes. The doctrine persists after transfer of the land into private ownership unless proper procedures terminate the public-trust rights.
Sources & Authorities
How it applies
Common Examples
2
Private Dock Privilege on Tidal Inlet
The Coastal Museum owns property bordering a tidal inlet designated for public fishing and boating. It records a document granting Warren a perpetual littoral access privilege to build a private dock for his gallery's commercial use. Warren sells the gallery to Gina, who continues using the dock exclusively for art shipments. The museum posts signs asserting public access. Gina sues for a declaratory judgment that she holds an enforceable private servitude, but the court holds the privilege lies outside servitude status because it is governed by the public-trust doctrine.
Coastal Development Permit Condition
The Nollans own a beachfront lot and seek a permit to replace their bungalow with a larger house. The California Coastal Commission grants the permit only on condition that the Nollans dedicate a public easement across their dry sand for beach access. The Nollans challenge the condition as an unconstitutional taking. The Court analyzes whether the condition bears an essential nexus to the public interests the Commission seeks to protect under the public-trust doctrine.
Select any source to read its text and confirm it supports the definition.
Restatements
Study Supplements
Nollan v. California Coastal Commission483 U.S. 825, 834 (1987)
Common questions
Frequently Asked
4
Does the public-trust doctrine create servitudes that run with land?+
No. Rights determined by the public-trust doctrine are excluded from the definition of servitudes. Private parties cannot convert public-trust rights into enforceable private interests through recorded agreements or deeds.
Supporting sources
What uses does the public-trust doctrine protect?+
The doctrine protects public rights to use tidal lands and waters for navigation, fishing, and recreational purposes such as bathing and sunbathing. These rights persist in beach areas even after the land passes into private ownership.
Supporting sources
Can a recorded private grant override public-trust rights in tidal lands?+
No. A recorded document purporting to grant a perpetual private littoral privilege on public-trust land cannot create an enforceable servitude. The public-trust doctrine categorically excludes such rights from servitude status regardless of the parties' intent or recording.
Supporting sources
How does the public-trust doctrine interact with prior-appropriation water rights?+
Rights determined by prior-appropriation or ground-water doctrines receive the same exclusion from servitude status as public-trust rights. Private agreements attempting to recharacterize those rights as running covenants cannot create enforceable servitudes.
Supporting sources
483 U.S. 825, 834 (1987)Property
…dissent. JUSTICE BLACKMUN, dissenting. I do not understand the Court's opinion in this case to implicate in any way the public-trust doctrine. The Court certainly had no reason to address the issue, for the Court of Appeal of California did not rest its decision on Art. X, § 4, of the California Constitution. Nor did the parties…