Hardin v. Shedd’s Empirical Analysis
190 U.S. 508 · 1903
Citation profile
37 federal appellate · 4 district · 29 state decisions
How this case has been cited
Cited by 120 later decisions (16 by the Supreme Court) — most recently November 2023 · most notably California v. United States (1978), United States v. Oregon (1935)
37 federal appellate · 4 district · 29 state decisions — followed in 15 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Shively v. Bowlby · Hardin v. Jordan · John Pollard et al. v. John Hagan et al. · The Propeller Genesee Chief Pierce Kelsey Cheney Hunter Swan Clark Strong v. Fitzhugh Littlejohn Peck · Illinois Central Railroad v. Illinois
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * *. Whether, as rules of property, it would now be safe to change these doctrines [doctrines of the several States with regard to ownership of the soil in navigable waters above tidewater] where they have been applied, * * * is for the several States themselves to determine. If they choose to resign to the riparian proprietor rights which properly belong to them in their sovereign capacity, it is not for others to raise objections. * *”
1 later decision quote this exact passage · from the majority““ * * * the land under the water does not belong to the United States, but has passed to the State by its admission to the Union. Nevertheless, it has become established almost without argument that * * * the effect of the grant on the title to adjoining submerged land will be determined by the law of the state where the land lies. * * * ””
1 later decision quote this exact passage · from the majority“When land under navigable water passes to the riparian proprietor, along with the grant of the shore by the United States, it does not pass by force of the grant alone, because the United States does not own it, but it passes by force of the declaration of the state which does own it that it is attached to the shore.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.