On May 3, Gov. Phil Murphy signed into law a proposal that codified the public trust doctrine, a somewhat amorphous common law principle recognized by the New Jersey courts for nearly 200 years. Senate, No. 1074/Assembly No. 4221. In a press release issued by his office, the governor noted: “By strengthening the public’s right to access our beaches, we are ensuring that all New Jersey residents and visitors can enjoy our beautiful shore this summer and for generations to come.”
The Doctrine’s Evolution
According to the Supreme Court in 1972: “There is not the slightest doubt that New Jersey has always recognized the [public] trust doctrine. The basic case is Arnold v. Mundy, 6 N.J.L. 1 (Sup. Ct. 1821) ….” Bor. of Neptune City v. Bor. of Avon-by-the Sea, 61 N.J. 296, 305 (1972). Establishing the doctrine was one thing, applying its tenets over time has been another.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]