Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Shively presumption

Read a random definition: word of art

A quick definition of Shively presumption:

Shively Presumption: The idea that if someone owned land before a state became a state, they don't automatically own the land under the water nearby. They have to specifically say they own it. This was decided in a court case called Shively v. Bowlby.

Equal-Footing Doctrine: When a new state joins the United States, it has the same rights and powers as the first 13 states that joined a long time ago.

A more thorough explanation:

The Shively presumption is a legal doctrine that states any prestatehood grant of public property does not include tidelands unless the grant specifically indicates otherwise. This means that if a grant was made before a state was admitted to the Union, it is assumed that the grant did not include the rights to tidelands unless it was explicitly stated in the grant.

For example, if a land grant was made to a person in 1850, before California became a state in 1851, it would be assumed that the grant did not include the rights to the tidelands unless the grant specifically mentioned it. This presumption was established in the case of Shively v. Bowlby in 1894 and has been upheld in subsequent cases.

The Shively presumption is based on the equal-footing doctrine, which states that any state admitted to the Union after 1789 has the same rights, sovereignty, and jurisdiction within its borders as the original 13 states. This means that any prestatehood grants must be interpreted in a way that is consistent with the state's equal footing with the original states.

shire-reeve | shock

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
I got one answer so far from Mizzou and I was WL'ed but hey it's not the end it's just the beginning
that was Friday
WorthlessAttractiveZombie
14:26
keep swinging until you hear a bell
14:27
im from the future
14:27
kamala wins
14:27
276-262
I think she will too lol
WorthlessAttractiveZombie
14:27
since you're from the future, will fordham release today
14:28
no
WorthlessAttractiveZombie
14:28
fuck alright
14:28
not this week
14:28
dont even get ur hopes up u fool im from the year 2076
TheMidwestMonger
14:28
I'm terrified with how the world will react to Trump losing
WorthlessAttractiveZombie
14:28
damn, next question: should i eat the cheese that's been in my fridge for 3 weeks?
14:28
im pretty sure the world is gonna rejoice??
14:29
yes it is the key to immortality
TheMidwestMonger
14:29
Sorry, I meant the far right and their reaction lol
I live in alabama if she wins it's gonna be crazy here
14:30
same as last time whine that it was rigged go to court lose every time
good thing im bouncing next year
oh yeah
JumpySubsequentDolphin
14:31
why won’t ASU send my scholly info ☹️
WorthlessAttractiveZombie
14:31
they sent mine about 3 hours after i got the initial acceptance video thing
I just wanna hear back from them
14:31
the adcomm office got there at 10 am took a two hour lunch at 12 and left at 3:30 -- trust me im from the year 2076
lol
WorthlessAttractiveZombie
14:32
lavender, they should usually get back within a month of going complete
okie doke, thank u!
JumpySubsequentDolphin
14:35
@WorthlessAttractiveZombie: good to know! I thought I missed SMTH bc someone told me they got their admissions packet before the video lol
BulbasaurNoLikeCardio
14:35
I got school that have me under review for over a month... just hope it puts me in their first wave of As
LSD+ is ad-free, with DMs, discounts, case briefs & more.