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020 _a9781477307199
_qPDF
024 7 _a10.7560/780279
_2doi
035 _a(DE-B1597)9781477307199
035 _a(DE-B1597)588671
040 _aDE-B1597
_beng
_cDE-B1597
_erda
050 4 _aKF1856
072 7 _aLAW000000
_2bisacsh
082 0 4 _a333.1
_222
084 _aonline - DeGruyter
100 1 _aBartley, Ernest R.
_eautore
245 1 4 _aThe Tidelands Oil Controversy :
_bA Legal and Historical Analysis /
_cErnest R. Bartley.
264 1 _aAustin :
_bUniversity of Texas Press,
_c[2022]
264 4 _c©1953
300 _a1 online resource (324 p.)
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
505 0 0 _tFrontmatter --
_tPreface --
_tContents --
_t1. The Problem --
_t2. The Territorial Concept of the Marginal Sea --
_t3. Claims of the Original States to Submerged Lands --
_t4. Claims of Later States to Submerged Lands --
_t5. California's Claims to Submerged Lands --
_t6. Texas' Claims to Submerged Lands --
_t7. Congressional Policy on Submerged Lands Prior to World War II --
_t8. Executive Policy on Submerged Lands Prior to United States v. California --
_t9. The Quitclaim Attempt in 1945 --
_t10. United States v. California --
_t11. The Immediate Aftermath of United States v. California --
_t12. United States v. Louisiana and United States v. Texas --
_t13. Quitclaim or Federal Control? --
_t14. The New Doctrine of Paramount Powers --
_t15. Conclusions --
_tAppendix --
_tTable of Cases --
_tIndex
506 0 _arestricted access
_uhttp://purl.org/coar/access_right/c_16ec
_fonline access with authorization
_2star
520 _aThis study is not written from the narrow perspective of “Who gets the oil?” It is a thoughtful probing of an issue—the ownership and control of the submerged soils of the marginal sea—the outcome of which may go far to determine the division of powers between states and nation under the American federal system. American constitutional law, international law, theory of federalism, American politics, the machinations of pressure groups, use of propaganda techniques, and issues of social and economic policy—all these features of American government and many more are inherent in the controversy. In 1947, in a precedent-making decision, the Supreme Court enunciated the principle that the federal government, not the states, has “paramount rights in and power over” the marginal seas which border the coastal states, and has “full dominion over the resources under that water area, including oil.” For more than 150 years the littoral states had exercised uncontested jurisdiction and ownership over the marginal-sea area, subject only to the powers specifically granted to the national government by the Constitution. The states had regulated the fisheries within the three-mile limit, applying state laws to vessels licensed under federal statutes. Long before oil possibilities were thought of, they had granted or leased areas in the marginal seas to private persons and corporations for purposes of land reclamation and harbor development, dredging for sand and gravel, development of oyster beds, and similar projects. These property rights can far exceed in value the wealth to be derived from petroleum. A just settlement of the issue, says the author, calls for restoration to the states of control of the marginal sea out to their historical boundaries—three miles in most cases; three leagues, or ten and one-half miles, in the case of Texas and the west coast of Florida. This study is based upon thorough investigation of all literature on the subject and personal interviews and correspondence with leaders on both sides of the controversy.
538 _aMode of access: Internet via World Wide Web.
546 _aIn English.
588 0 _aDescription based on online resource; title from PDF title page (publisher's Web site, viewed 29. Jul 2022)
650 0 _aPetroleum in submerged lands
_zUnited States.
650 0 _aSubmerged lands
_zUnited States.
650 7 _aLAW / General.
_2bisacsh
850 _aIT-RoAPU
856 4 0 _uhttps://doi.org/10.7560/780279
856 4 0 _uhttps://www.degruyter.com/isbn/9781477307199
856 4 2 _3Cover
_uhttps://www.degruyter.com/document/cover/isbn/9781477307199/original
942 _cEB
999 _c218423
_d218423