THE PUBLIC LAND SURVEY SYSTEM
The public land survey system (PLSS) is a nationwide, rectangular grid surveying method established by Congress in 1785 to manage, divide and sell U.S. public lands. It structures land into 6×6 mile townships, broken into 1-mile sections (640 acres), primarily covering states west of the Ohio RIver and south to Florida.
The system uses Principal Meridians (running North-South) and Baselines (running East-West) to create a starting point for surveying.
Land is broken down into townships, which are divided into 36 sections (each 1 square mile, or 640 acres).
Sections are further divided into half-sections (320 acres), quarter-sections (160 acres), and smaller parcels (quarter-quarter sections).
Locations are identified by Township/Range numbers (e.g. Township 2 South, Range 2 West) and section number.
It is used in most states west of Pennsylvania, with major exception including the original Thirteen Colonies and parts of the South.
The System was designed by Thomas Jefferson to facilitate the systematic sale and development of land to settlers.
SUBMERGED LANDS ACT
PUBLIC LAW 31-MAY 22, 1953
Public Law 31 Chapter 65
AN ACT
To confirm and establish the titles of the States to lands
beneath navigable waters within State boundaries and to the
natural resources within such lands and resources . . .
FEDERAL LAND PATENTS
A federal land patent is the foundational legal document transfering land ownership from the federal government to a private party, representing the highest evidence of title (fee simple ownership). These original deeds marked the transition of land from the public domain to private hands through sales, homesteading or military warrants, often managed by the Bureau of Land Management. It is often regarded as the highest form of legal title establishing a foundational chain of title.
SUPREMACY CLAUSE
The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, establishes that the Constitution, federal laws made pursuant to it, and treaties are the “supreme Law of the Land”. It mandates that federal law takes precedence over conflictin state or local laws, making it a foundation of American Federalism and judicial review.
It ensures that judges in every state are bound by the Constitution and federal laws, even if state constitutions or laws contradict them.
Essentially, when state and federal law conflict, the federal government wins under the Supremacy Clause.
MICHIGAN PUBLIC TRUST DOCTRINE
The Public Trust Doctrine in Michigan mandates that the state holds, manages, and protects natural resources–Specifically the Great Lakes, their submerged lands, and navigable waters–in trust for public use, such as fishing, hunting, boating, and swimming. Key aspects include:
Protection Limits: It applies to navigable waters and lands up to the ordinary high-water mark, but generally not to groundwater.
Public Access: Citizens have the right to walk along the Great Lakes shoreline, even on private land, up to the high water mark.
Stewardship: The state has a legal obligation to protect these resources for present and future generations.
Legal Standing: It serves as a legal doctrine, distince from private ownership, designed to prevent the sale or privatization of water resources.
MICHIGAN PUBLIC TRUST DOCTRINE
Unfortunately,