Massa, J.
A century ago, our Court of Appeals recognized that, among those rights acquired upon admission to the Union, the State owns and holds “in trust” the lands under navigable waters within its borders, “including the shores or space between ordinary high and low water marks, for the benefit of the people of the state.” Lake Sand Co. v. State, 68 Ind. App. 439, 445, 120 N.E. 714, 716 (1918) (quoting Ex parte Powell, 70 Fla. 363, 372, 70 So. 392, 395 (1915)). And Indiana “in its sovereign capacity is without power to convey or curtail the right of its people in the bed of Lake Michigan.” Id. at 446, 120 N.E. at 716. This Court has since affirmed these principles. See State ex rel. Indiana Department of Conservation v. Kivett, 228 Ind. 623, 630, 95 N.E.2d 145, 148 (1950). But the question remains: What is the precise boundary at which the State’s ownership interest ends and private property interests begin?
Today, we hold that the boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high water mark and that, absent an authorized legislative conveyance, the State retains exclusive title up to that boundary. We therefore affirm the trial court’s ruling that the State holds title to the Lake Michigan shores in trust for the public but reverse the court’s decision that private property interests here overlap with those of the State.
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Resolution of this case entails a two-part analysis: First, we must determine the boundary of the bed of Lake Michigan that originally passed to Indiana at statehood in 1816. Second, we must decide whether the State has since relinquished title to land within that boundary. The former question is a matter of federal law; the latter inquiry, a matter of state law…
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The State and Intervenors, on the other hand, contend that Indiana holds exclusive title to the bed of Lake Michigan up to the OHWM, including the exposed shores as the water periodically recedes. Absent evidence of an express federal grant prior to 1816, they contend, this title passed to Indiana at statehood under the equal-footing doctrine to hold in trust for public use. For the reasons set forth below, we agree with the State and Intervenors.
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We hold that, as articulated in the common law and confirmed by the SLA, Indiana at statehood acquired equal-footing lands inclusive of the temporarily-exposed shores of Lake Michigan up to the natural OHWM.
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The State and Intervenors argue that the State has not relinquished or transferred title to the Disputed Property. Such land below the OHWM, they contend, remains subject to state ownership and the public trust. Intervenors emphasize, and the State agrees, that Indiana may not alienate its trust property without specific legislative authorization and altogether lacks the power to “convey or curtail” public rights in Lake Michigan. See Lake Sand, 68 Ind. App. at 446, 120 N.E. at 716. The idea that riparian property owners and the State have overlapping title to the shore, they contend, is inconsistent with fundamental public trust doctrine and threatens public use. The State and Intervenors part ways, however, on whether the DNR’s administrative boundary may supersede the common-law OHWM.
Resolution of this issue is a question of state law….
We conclude that, with the exception of select parcels of land not in dispute here, Indiana has not relinquished its title to the shores and submerged lands of Lake Michigan.
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Thus, we conclude that any enlargement of public rights on the beaches of Lake Michigan beyond those recognized today is better left to the more representative lawmaking procedures of the other branches of government.
Conclusion
For the reasons above, we affirm in part and reverse in part the trial court’s grant of summary judgment for the State and Intervenors.
Rush, C.J., and David and Goff, JJ., concur.
Slaughter, J., not participating