LAND OFFICE. 1949

ments into the waters in front of his said land; such improvements and
other accretions as above provided for shall pass to the successive owners
of the land to which they are attached, as incident to their respective
estates. But no such improvement shall be so made as to interfere with the
navigation of the stream of water into which the said improvement is made.

Riparian owner held not entitled to injunction against erection of crab houses and
crab pounds or floats not attached to mainland, in front of his property, such struc-
tures not interfering with ingress and egress, nor with his right to make improve-
ments provided for by this and preceding section. When such owner desires to make
such improvements, crab houses, etc., must yield to his paramount right. Until
owner makes such improvements, the title to land under water is in state. Nature
and extent of riparian owner's rights under this section. Hodson v. Nelson, 122
Md. 334.

No patent ought to be issued which would destroy rights of riparian owner under
this section. The only restriction upon latter's rights is that set out in last clause
of this section—quaere, as to whether the appellant could raise question of violation
of such restriction. Law applicable to owners along non-navigable streams has no
application to navigable streams. Title to improvements, when made, may be
severed from that of the mainland. How the improvements may be made. Goodsell
v. Lawson, 42 Md. 370. See also Western Maryland T. R. Co. v. Baltimore, 106
Md. 568; Hodson v. Nelson, 122 Md. 335.

Improvements erected by an adjacent owner, or his tenant, under this section,
belong to such owner, although they extend further than law permits; while they
may be abated by proper proceedings to extent that they are unlawful, the ownership
cannot be wrested from proprietor. Ejectment against United States. The Edmond-
son Island Case, 42 Fed. 15.

Proprietor's right to improve out into a river, until actually availed of, is subject
to right of United States to use soil under water in aid of navigation without
such proprietor's consent and without compensation. The privilege conferred by
this section must be exercised subject to public right of navigation and usual nec-
essary aids thereto. Hawkins Point Light-House Case, 39 Fed. 87.

When waters are " navigable." No state can restrict jurisdiction which admiralty
would otherwise have. Maryland v. Miller, 180 Fed. 804.

What kind of improvements can be made? Until improvements are made, adjacent
owner has no interest in land under the water, except a right to make improvements.
Western Maryland T. R. Co. v. Baltimore, 106 Md. 565; Hess v. Muir, 65 Md. 596
(involving the bedding of oysters); Maryland v. Miller, 180 Fed. 804; Hodson v.
Nelson, 122 Md. 335.

The rights secured by this section and sections 46 and 48, are valuable, and if
invaded or their enjoyment obstructed, the owner is entitled to the usual redress.
Garitee v. Baltimore, 53 Md. 432; Goodsell v. Lawson, 42 Md. 371. See also B. & O.
R. R. Co. v. Chase, 43 Md. 23.

Where improvements are extended beyond original city limits, the latter are also
extended and such improvements are taxable. Western Maryland T. R. Co. v.
Baltimore, 106 Md. 565,

The power of the legislature to pass this and the preceding section, referred to by
way of example. Phipps v. State, 22 Md. 389.

In a case where the ownership of a wharf was in question, this section was held to
have no application. Albert v. State, use of Ryan, 66 Md. 336.

The rights conferred by this section are in no sense analogous to the privilege
granted by article 72, section 49 (dealing with private oyster beds). Handy v,
. Maddox; 85 Md. 552.

For cases dealing with the subject of this section prior to its adoption see Balti-
more v. McKim, 3 Bl. 453; Casey v. Inloes, 1 Gill, 432; Hammond v. Inloes, 4 Md.
173; Wilson v. Inloes, 11 G. & J. 359; Giraud v. Hughes, 1 G. & J. 265; B. & O.
R. R. Co. v. Chase, 43 Md. 23.

Cited but not construed in Spencer v. Patten, 84 Md. 426; Hill v. United States,
149 U. S. 593; Ranstead v. The William H. Brinsfield, 39 Fed. 215.

See notes to secs. 46 and 48 (this art.).