Fowler v. Wood

Citations

• 73 Kan. 511
• 85 P. 763
• 1906 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. State Boundary — Navigable River — Change of Position by Imperceptible Process. If a navigable river dividing the territory of two states change its position by gradual and imperceptible encroachment or insensible recession, so that the process by which the removal is accomplished cannot be de- . tected while in operation, the boundary follows the shifting thread of the stream.</p> <p>2. Navigable River — Title to Bed, and Banks — Accretion. In Kansas the title to the bed of a navigable river is vested in the state; private ownership in bordering land extends only to the river’s margin, and if the position of the stream change in the manner described in paragraph 1 the boundary between the land of the state and that of other proprietors follows the movement of the river’s edge.</p> <p>3. - Sudden Change of Course — Boundaries. If while a river of the character described is at flood stage an ice-gorge cause a sudden and . violent irruption of the water, whereby the lands upon one side are visibly degraded or submerged, or a new channel is cut, the state boundary remains stationary at its former location, and the titles and boundaries of private owners remain unchanged.</p> <p>4. - Submerged Land — Reappearance—Reclamation. If through the deposit of alluvion upon the former site, a deflection of the current of the river, or other action of the water, land submerged by avulsion be made to reappear, it may be reclaimed if its identity can be established.</p> <p>5. -New Formations — Accretion—Reliction. New formations arising from the bed of a river belong to the owner of the bed, and new formations added to a bar or an island in the channel of a river by the process of accretion or reliction belong to the owner of the island or bar.</p> <p>6. - Change of Boundary — How Effected. In order to effect a change of boundary, formations resulting from accretion or reliction must be made to the contiguous land, and must operate to produce an