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Fifth Amendment › Waterfront Properties

Burns & Levinson LLP

Public Access to and Along the Shore – Update

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In Rhode Island, public access advocates, as well as local and state officials, continue efforts to secure access for the public to and along the shore. My August post, “How About a Walk on the Beach,” summarized the history...more

Burns & Levinson LLP

How About a Walk on the Beach?

Burns & Levinson LLP on

August. Dog days of summer. And also the best time to take a relaxing stroll along the beach. But where? Public beaches are often still crammed if you can find a place to park. But many of us know of a public access path to...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Farrell Fritz, P.C.

Supreme Court Considers Zoning Merger Case- How does this apply in Southampton Town?

Farrell Fritz, P.C. on

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more

Robins Kaplan LLP

Trouble in Paradise: Florida Third DCA’s Opinion in Beyer v. City of Marathon Declaimed as “For The Birds”

Robins Kaplan LLP on

Nestled in the center of the Florida Keys lies the City of Marathon; a tropical paradise splitting the Atlantic Ocean and Gulf of Mexico. Recently, Florida’s Third DCA hatched the case of Beyer v. City of Marathon. On...more

Poyner Spruill LLP

NC Court of Appeals rules Emerald Isle’s restriction on the use of privately owned oceanfront property is not a compensable...

Poyner Spruill LLP on

What part of a beach in North Carolina is subject to public use and what part is private property was recently addressed by the North Carolina Court of Appeals in Nies v. Town of Emerald Isle (Nov. 17, 2015). This case...more

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