U.S. v. Robertson Terminal Warehouse, Inc.

Decision Date03 September 2008
Docket NumberCivil Action No. 73-02211(HHK).,Civil Action No. 73-01903 (HHK.
Citation575 F.Supp.2d 210
PartiesUNITED STATES of America, Plaintiff, v. ROBERTSON TERMINAL WAREHOUSE, INC., et al., Defendants. United States of America, Plaintiff, v. Herbert Bryant, Inc., et al., Defendants.
CourtU.S. District Court — District of Columbia

James M. Upton, Donna S. Fitzgerald, Lisa K. Hemmer, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Plaintiff.

Catherine C. Schenning, Philip Gaynor Sunderland, Office of the City Attorney City Hall, J. Howard Middleton, Thomas Charles Junker, Hazel & Thomas, P.C., Mark R. Voss, Harry P. Hart, Hart, Calley & Voss, Yvonne F. Weight, Alexandria, VA, Harvey B. Cohen, Cohen Gettings, P.C., Arlington, VA, Benton Burroughs, William Francis Krebs, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., William Edwin Constable, Thompson Hine, LLP, Albert Lawrence Ledgard, Jr., Wilkes, Artis Chartered, George H. Clark, Gordon William Hatheway, Jr., Reed Smith East Tower, Washington, DC, B.G. Stephenson, Kellogg, Krebs & Moran, George Leroy Moran, Fairfax, VA, Peter R. Messitt, Neil A. McPhie, Office of the Attorney General, Richmond, VA, David Machanic, Reed, Smith, Shaw & McClay, McLean, VA, Roy I. Niedermayer, Bethesda, MD, for Defendants.

Donald C. Wells, pro se.

MEMORANDUM OPINION

HENRY H. KENNEDY, Jr., District Judge.

This action was filed by the United States to quiet title to lands along the Potomac River waterfront in Alexandria, Virginia. The United States asserts that it has title to all land—both submerged and fast1—east of the January 24, 1791, high water mark ("1791 mark") on the Virginia side of the Potomac River and seeks a declaration from this court that it is the owner of, and entitled to possess, this land. The United States has named numerous holders of record title2 as defendants, including Old Dominion Boat Club ("Old Dominion"). Old Dominion holds record title to two tracts of land in the disputed area known as the North and South Tracts. Asserting that it has the right to possess the fast land on these tracts, even if this fast land is east of the 1791 mark,3 Old Dominion moves for summary judgment. Upon consideration of the motion, the opposition thereto, the parties' supplemental briefing, and the record of this case, the court concludes that Old Dominion's motion must be granted in part and denied in part.

I. BACKGROUND

To understand the United States' title claim, some historical background is necessary. Before the American Revolution, the King of England granted Lord Baltimore all land within what is now the state of Maryland, including the bed of the Potomac River to the high water mark on the Virginia shore.4 After the American Revolution, all of Lord Baltimore's land and title thereto, including the bed of the Potomac River, passed to the state of Maryland. Morris v. United States, 174 U.S. 196, 225-30, 19 S.Ct. 649, 43 L.Ed. 946 (1899). In 1791, Maryland ceded land to the United States for the District of Columbia. Id. at 230, 19 S.Ct. 649. This cession included the bed of the Potomac River to the high water mark on the Virginia shore.5 Accordingly, the bed of the Potomac River to the high water mark on the Virginia shore has been part of the District of Columbia since 1791. United States v. Herbert Bryant, 543 F.2d 299, 302 (D.C.Cir.1976) ("Any land, either submerged or fast, on the District of Columbia side of the 1791 high-water mark remained in the District of Columbia since it was part of the 24 January 1791 Maryland cession to the United States.").

Since 1791, owners of waterfront property on the Virginia side of the Potomac River have added fast land to their properties by laying fill and constructing wharves on its bed. Id. at 300-01 (noting that land at issue consists of submerged and artificially created fast land); Pl.'s Opp'n Ex. 4 ("Report on Survey of Deeds and Related Materials" by Dr. John H. Moore, demonstrating that significant portion of fast land on Alexandria waterfront is manmade). Fill consists of material artificially placed on the bed of the river to raise the bed of the river and create new fast land. Wharves are solid or open pile structures that are parallel or perpendicular to a riverbank.6 The United States contends that these additions were built on top of land to which the United States has title— the bed of the Potomac River east of the 1791 mark.7 The United States contends that, as a result, it has title to all of these additions.

II. ANALYSIS

Old Dominion moves for summary judgment, asserting that it has the right to possess all the fast land on the North and South Tracts, even if this land is east of the 1791 mark.8 While recognizing that the United States holds title to the bed of the Potomac River to the 1791 mark, Old Dominion nevertheless asserts that it is entitled to possess the fast land on the North and South Tracts. Old Dominion makes several arguments in support of its position.

First, Old Dominion asserts that the United States holds only trust title to the bed of the Potomac River, rather than fee title. According to Old Dominion, the United States holds this land pursuant to two forms of trust: (1) a trust for the public purposes of navigation and fishery, and (2) a trust for future states. Old Dominion contends that the trust title of the United States is extinguished when the bed of the Potomac River is no longer navigable and that the construction of wharves and fill on the North and South Tracts rendered the bed of the river underneath these structures unnavigable. When the bed of the Potomac River is rendered unnavigable, Old Dominion asserts, title to the unnavigable portions reverts to the holder of record title, here Old Dominion.

Second, Old Dominion asserts that it has title to the fast land on the North and South Tracts pursuant to the doctrine of accretion. The doctrine of accretion provides that riparian owners9 have title to land deposited on their property due to the action of the adjoining body of water. For example, a river's current may deposit sediment on a riparian owner's property. Old Dominion asserts that, even though the fast land on the North and South Tracts may not have been created as a result of action by the Potomac River's waters, the doctrine of accretion is broad enough to grant Old Dominion title to this fast land.

Third, Old Dominion argues that, even if it does not have title to fast land east of the 1791 mark, riparian owners have the right to lay fill and construct wharves on the beds of navigable waters appurtenant to their properties, even if they do not have title to the underlying beds. Old Dominion asserts that it is a riparian owner of property because it has title to land appurtenant to the Potomac River. Accordingly, Old Dominion maintains that, even though the United States may have title to the bed of the Potomac River, Old Dominion has a right to lay fill and construct wharves on top of the bed of the Potomac River, as well as a right to possess these structures. Old Dominion contends that, while it has a right to lay fill and construct wharves, this right is a qualified right because it is subject to the United States' authority to regulate navigation on the Potomac River. Such regulation, Old Dominion argues, is accomplished through harbor lines established by the Army Corp of Engineers.10 Old Dominion asserts that, so long as fill and wharves are within harbor lines, it has the right to possess these structures. Old Dominion contends that all fill and wharves on the North and South Tracts are within all relevant harbor lines.

Fourth, Old Dominion argues that the United States' action is barred by various equitable defenses. With respect to such defenses, Old Dominion contends that the instant action is defeated by the doctrine of laches and principles of estoppel. Old Dominion further contends that the United States' action is barred because Congress has ratified(i.e. approved) of the existence of privately-owned fill and wharves on the Alexandria waterfront.

Old Dominion lastly argues that it is a bona fide purchaser of land on the Alexandria waterfront. As a result, Old Dominion argues, the United States cannot assert title to this land.

The United States rejoins that Old Dominion does not have title to fast land east of the 1791 mark because the United States has fee simple title to this land. Because it has fee simple title, the United States contends that Old Dominion cannot acquire title to this land absent an express grant from Congress.

The United States next argues that Old Dominion does not have a right to lay fill or construct wharves on the bed of the Potomac River. The United States asserts that riparian rights within the District of Columbia are governed by Maryland law as it existed in 1801. Under this law, the United States asserts, absent explicit statutory authorization, riparian owners have no right to lay fill or construct wharves on the bed of the Potomac River. The United States further maintains that, even if Old Dominion has a right to lay fill and construct wharves, this right is—as Old Dominion concedes—a qualified right that is subject to regulation by the United States. The United States agrees with Old Dominion that, to the extent riparian owners have the right to lay fill and construct wharves, riparian owners can do so only shoreward of harbor lines established by the Army Corp of Engineers. The United States contends that there is some land on Old Dominion's South Tract that falls outside (i.e. riverward) of the applicable harbor lines. The United States also argues that, to the extent riparian owners can lay fill and construct wharves, they can do so only if the public has access to these structures. The United States asserts that because Old Dominion has used the North and South Tracts solely for private purposes, Old Dominion's use of...

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    • U.S. Court of Appeals — District of Columbia Circuit
    • January 11, 2011
    ...the lawsuit. Old Dominion filed a motion for summary judgment, which the district court granted. United States v. Robertson Terminal Warehouse, Inc., 575 F.Supp.2d 210, 213 (D.D.C.2008). The district court began its analysis with a threshold question: who owns the riverbed beneath Old Domin......
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