Legal Definitions - infra corpus comitatus

Infra corpus comitatus is a Latin legal phrase that historically translates to "within the body of the county." In English law, this term was specifically used to describe a body of water, such as a lake or a particular section of a river, that was entirely enclosed by land and situated completely within the geographical boundaries of a single county.

The primary significance of a body of water being considered infra corpus comitatus was its jurisdictional implication. Such waters fell under the authority of the common law courts of the county, rather than the specialized admiralty courts. Admiralty jurisdiction typically governs maritime matters, shipping, and navigation on the high seas or major navigable waterways connected to them. Therefore, a body of water deemed infra corpus comitatus was treated as part of the land-based county, subject to its local laws and courts, distinguishing it from waters considered part of the broader maritime domain.

• Example 1: A Landlocked Private Lake

  Imagine a large, privately owned lake situated entirely within the borders of Essex County, Massachusetts. This lake is not connected to any rivers that flow to the ocean, nor is it used for commercial shipping. Any disputes arising on this lake, such as a boating accident between two residents or a disagreement over fishing rights, would historically be considered infra corpus comitatus.

  This illustrates the term because the lake is completely enclosed by land within a single county, meaning legal matters pertaining to it would fall under the jurisdiction of the Massachusetts state courts (common law) rather than federal admiralty courts, which handle maritime law.

• Example 2: A Non-Navigable River Segment

  Consider a short, shallow stretch of a river that flows exclusively through rural parts of King County, Washington. This particular segment is too narrow and rocky for commercial vessels or large recreational boats, though it is popular for kayaking and fly-fishing. It eventually feeds into a much larger, navigable river, but this specific portion remains isolated from maritime commerce.

  This segment of the river would historically be deemed infra corpus comitatus because it is wholly contained within King County and lacks the characteristics of a navigable waterway typically subject to admiralty law. Therefore, local common law courts would have jurisdiction over incidents like property damage along its banks or disputes over recreational access.

• Example 3: A Municipal Reservoir

  A large reservoir, constructed to supply drinking water to a city, is located entirely within the boundaries of a single county in upstate New York. It is not connected to any major rivers that lead to the Great Lakes or the Atlantic Ocean, and its primary purpose is water storage, not navigation.

  Despite its size, this reservoir would historically be classified as infra corpus comitatus. Its complete enclosure within the county and its lack of connection to maritime commerce mean that any legal issues arising on or around it—such as environmental regulations, recreational permits, or property disputes involving the reservoir's shoreline—would be governed by New York state and local laws and adjudicated in the county's common law courts.