For those who may have read this thread. I thought I might mention additional impetus behind the thread...
In addition to my normal research on places to hunt, I cought a news item about a fairly recent decision in L.A. where a judge ruled against some guys fishing over water that flooded over levees of the Miss. R.
I thought I might see what folks here in NJ knew.
Nonetheless, I have pretty much answered my question(s) and thought I would share.
In terms of the way property lines are drafted. The NJ Division of Taxation has guidelines on how to depict property lines; including those property lines that exist as a stream, stream bank or centerline of a water course (regardless if it is tidal). The geographic location of a line and how it is represented are dependant on the property description in the deed.
In terms of what this means for a tidal creek...
Well, to some degree it may be open to interpretation on a state by state basis as states have the ability to regulate navigable waters. But, the Fed has traditionally defended the public right to use of navigable water under commerce law. In general, navigable water are those waters that exist up to mean high water.
If anyone else is interested...do a web search on "Navigation Servitude".
Or check out the following:
http://sports.espn.go.com/outdoors/bass ... rty_ruling
I'm talkin bout the Lifestyle of the not so rich and famous.