Shively Presumption refers to the concept that landowners who possessed land prior to a state’s establishment do not automatically have ownership of the adjacent underwater land. They must explicitly claim ownership. This principle was established in the court case Shively v. Bowlby. The Equal-Footing Doctrine states that when a new state becomes part of the United States, it possesses the same rights and authority as the original 13 states that joined many years ago.
The Shively presumption is a legal principle that asserts that unless explicitly stated otherwise, any prestatehood grant of public property does not include tidelands. This means that if a grant was made before a state joined the Union, it is assumed that the grant did not include the rights to tidelands unless it was specifically mentioned in the grant. For instance, if a land grant was given to an individual in 1850, before California became a state in 1851, it would be presumed that the grant did not encompass the rights to the tidelands unless it was explicitly stated. The establishment of this presumption dates back to the 1894 case of Shively v. Bowlby and has been upheld in subsequent legal proceedings. The Shively presumption is rooted in the equal-footing doctrine, which asserts that any state admitted to the Union after 1789 possesses the same rights, sovereignty, and jurisdiction within its borders as the original 13 states. Consequently, any prestatehood grants must be interpreted in a manner that aligns with the state’s equal standing with the original states.
The Shively Presumption is a legal doctrine that presumes the United States holds title to all lands within its boundaries unless there is evidence of a valid land grant or other legal transfer of title.
The Shively Presumption places the burden of proof on individuals claiming ownership of land to provide evidence of a valid land grant or transfer of title. Without such evidence, the United States is presumed to be the rightful owner of the land.
Yes, the Shively Presumption can be overcome if individuals can provide sufficient evidence of a valid land grant or transfer of title that establishes their ownership rights.
Evidence that can be used to overcome the Shively Presumption includes land patents, deeds, surveys, historical records, and other legal documents that demonstrate a valid transfer of title.
Yes, there are exceptions to the Shively Presumption. For example, lands held by Native American tribes under treaty rights or lands granted by the federal government through specific legislation may be exempt from the presumption.
The Shively Presumption can play a significant role in land disputes by shifting the burden of proof onto the party claiming ownership. It requires individuals to provide strong evidence to establish their ownership rights and defend against any claims by the United States.
Yes, the Shively Presumption can be challenged in court. Individuals disputing the presumption can present evidence and arguments to contest the government’s claim of ownership.
If the Shively Presumption is successfully challenged, the court may rule in favor of the individual claiming ownership, recognizing their rights to the land and potentially awarding damages or other remedies.
Yes, the Shively Presumption is applicable in all states within the United States. It is a legal doctrine that applies to land ownership claims nationwide.
The Shively Presumption is a well-established legal doctrine that has been upheld by courts for many years. Any changes or modifications to the presumption would require legislative action or a significant legal precedent to be overturned.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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