United States v. Robert E. Boyden and Jean Boyden

This case, on appeal from the United States District Court for the Northern District of California, raises the issue whether the houseboats built by the appellees may be considered structures subject to the provisions of Section 10 of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403 . Jurisdiction of this court is governed by 28 U.S.C. § 1291 .

Appellees, Robert and Jean Boyden, own two waterfront lots on Bethel Island in California. In 1976, the Army Corps of Engineers first observed construction of a floating residence on the Boydens’ property and advised the Boydens that no Section 10 permit had been issued for that construction as required by regulation. The Corps requested that the construction cease. Nevertheless, the Boydens continued construction of the houseboat which was completed in 1977. In November, 1977, the Corps advised the Boydens that the presence of the houseboat in a navigable waterway of the United States was not in the public interest and requested its removal.

The houseboat built by the Boydens was constructed with the intent of either renting it or moving into it. It was designed to meet all the definitions of a boat. The houseboat was…