News & Analysis as of

Riparian Rights Public Trust Doctrine

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 13, 2020

Carlton Fields on

Real Property Update - Foreclosure / Standing: Holder failed to prove standing to enforce note either at inception or at time of judgment because it failed to prove it had possession of original note and accompanying...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Riparian Rights: North Carolina Court Addresses Non-Navigable Lake Access Issue

The Court of Appeals of North Carolina (“Court”) addressed in an October 16th opinion whether Lewis Edward Dye, Jr (“Defendant”), through his chain of title in a small tract of land on Everett’s Lake (the “Lake”) also has the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Surface Water Withdrawal, Permitting, Use, and Reporting Act: South Carolina Supreme Court Addresses Challenge to State...

The South Carolina Supreme Court (“Court”) addressed in a May 30th opinion a judicial challenge to the South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act (“Act”). See Jowers v. South Carolina Dept. of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

Allen Matkins

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Allen Matkins on

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

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