Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when any land, including land formed by accretion, reliction
, or other naturally occurring processes, or portion thereof, which is being used or is desired to be used for a dwelling or dwellings or for agricultural or for timber raising or cutting or stockraising purposes is shut off or hemmed in by lands, fencing, or other improvements by other persons so that no practicable route of egress or ingress is available therefrom to the nearest practicable public or private road in which the landlocked owner has vested easement rights.
accumulation of deposits, or reliction
, the exposure of previously
neither gradual like traditional accretion, erosion, or reliction
(1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction
The definition and ownership of public trust land beneath tidal, submerged, or navigable waters is set forth in the United States Code, Title 43, which defines sovereign submerged land as, "all lands within the boundaries of each respective state which are covered by nontidal waters that were navigable under the laws of the United States at the time such state became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as modified by accretion, erosion, and reliction
at 376 ("[W]hen changes in the ordinary high water line result from reliction
or accretion, the newly exposed or created lands belong to the owner of the adjacent uplands.
Upon admission to the union, each state obtained ownership of all the land below the average seasonal high-water line of navigable(35) rivers and lakes.(36) This ownership is subject to change over time as the forces of accretion, erosion, reliction
, submergence, or avulsion change the configuration of basins.(37) The federal courts ordinarily defer to state law to define and regulate the nature and extent of property rights below this shifting high-water mark.(38)