of minerals subsequent to his loss of the land due to erosion. 



50. l978La. Acts, 645 



51. La. CONST, art 9, Section 7 



52. La. Rev. Stat. Ann. Section 41:1702. This statute specifically gives the landowner 

 the right to recover all oil, gas and mineral rights in addition to the actual land 

 surface. 



53. Although the statute is not precisely clear, Sections (D) and (H) of La. Rev. Stat. 

 Ann. Section 41:1703 would appear to give each one of these agencies and local 

 governments veto power over the proposed reclamation. 



54. The state loses relative to the Federal Government both when state land and any 

 private landowner's property is eroded. The reason is that the baseline, or coastline, 

 from which the three-mile territorial sea (the bottom of which belongs to the state) is 

 computed, is measured from the points of land that extend farthest into the Gulf of 

 Mexico, be they privately owned or state owned. If state lands erode, the baseline 

 (and therefore territorial sea) moves landward. Similarly, when private lands erode, 

 even through the state gains onwership of the new bottom, the baseline moves 

 landward and the states gain from the private landowner is offset by its loss to the 

 Federal Government. 



55. supra , note 6 



56. 332 U.S. 19(1947) 



57. supra , note 43 



58. United States v. Louisiana , 339 U.S. 699 (1950) (applies U.S. v. California rule to 

 Louisiana); 354 U.S. 516 (1957) (Louisiana attempts to litigate its territorial sea, but 

 Supreme Court rules that Alabama, Florida, Mississippi, and Texas are necessary 

 parties and must be joined); United States v. Louisiana, et. al , 363 U.S. I (May I960) 

 (Supreme Court rejects Louisiana's claim to a nine-mile territorial sea and grants only 

 three miles); United States v. Louisiana, et. al , 364 U.S. 502 (Dec. I960) (Final decree 

 defining coastline at ordinary low water); United States v. Louisiana , 382 U.S. 288 

 (1965) (Court rejects Texas' attempt to use artificial jetties to enlarge its territorial 

 sea); United States v. Louisiana , 394 U.S. I I (1969), See text accompanying notes 54- 

 56; United States v. Louisiana , 420 U.S. 529 (l973r(Court overrules Louisiana's 

 objections to special master's report); United States v. Louisiana, et al. , 422 U.S. 1 3 

 (1975) (Court supercedes 1965 baseline it had established and orders an accounting of 



oil revenue); United States v. Louisiana , U.S. 4 9 U.S. L.W. 4825 (1981) 



(Final decree setting ambulatory coastline and territorial sea; Court orders a final 

 accounting due I December 1981). 



59. The Constitution vests original jurisdiction in the Supreme Court when a state 

 sues the United States directly. In such cases, the Supreme Court is the trial court of 

 first instance. Because of the time-consuming nature of such cases, the Court will 

 generally appoint a special master to hear the case and make recommendations to 

 it. Of course, the Court is free to disregard the findings of the special master. 



138 



