News & Analysis as of

Waterfront Properties

Property Owner Forfeited Right to Challenge Coastal Commission Permit by Constructing Seawall - California Supreme Court Decision...

by Best Best & Krieger LLP on

A property owner who obtains a development permit will forfeit his right to challenge conditions imposed on that permit by proceeding with the development, the California Supreme said Thursday. ...more

California Environmental Law & Policy Update - May 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California cracks down on last beachfront sand mining operation in U.S. - San Jose Mercury News - May 16 - On Tuesday, the California State Lands Commission issued a demand to the...more

Beware The Restrictive Covenant

by Farrell Fritz, P.C. on

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples....more

Is Your Neighbor’s Dock on Your Property?

by Varnum LLP on

I've always envied accountants because their busy season ends when the weather starts to get nice. As a riparian rights attorney, I have the opposite problem. When lake season approaches, and docks and lifts are installed, my...more

Six Years in the Making, New Ch. 91 Flexibility Washes Ashore

Last month, MassDEP and the Massachusetts Office of Coastal Zone Management released long-awaited revisions to the regulations governing waterfront development in Massachusetts (the Chapter 91 regulations, the Designated Port...more

CLF Takes Its MHP Fight Across the Fort Point Channel

Last week we wrote about the Conservation Law Foundation filing suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront District...more

CLF Questions Secretary’s Chapter 91 Discretion

Last week the Conservation Law Foundation (CLF) announced it has filed suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront...more

New Draft Guidance Issued On Marine District Permits

by Farrell Fritz, P.C. on

One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more

Village of Asharoken Opts Out of Federal Beach Project

by Farrell Fritz, P.C. on

Asharoken, N.Y. January 10, 2017–Swayed by public opinion and perceived elitism, the Incorporated Village of Asharoken (“Asharoken”) opted out of a federal beach nourishment plan implemented by the Army Corp of Engineers...more

Is There Practical Evidence of Climate Change?

by Burr & Forman on

A recent article in The New York Times titled: Perils of Climate Change Could Swamp Coast Real Estate, indicates that rising seas and storm-related flooding in Florida appear to be driven by climate change and may be having...more

Massachusetts High Court Draws Bright Line in Sand on Expansion of Easement Rights to Additional Land

by Pierce Atwood LLP on

In his recent blog post, “SJC Keeps Bright-Line Test for Overloading of Easements,” Pierce Atwood real estate partner Don Pinto discusses Taylor v. Martha’s Vineyard Land Bank Commission, a recent decision in which the...more

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

by Pierce Atwood LLP on

In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to...more

Riparian Easements And Waterfront Lands

by Farrell Fritz, P.C. on

In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by...more

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

by 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

No Prescriptive Rights Arise from Misuse of Dedicated Area

by Varnum LLP on

In 2012 the Michigan Legislature passed PA 56 in an attempt to stop the misappropriation of public road ends by private individuals. Though PA 56 carries criminal penalties, a recent Court of Appeals decision reflects that...more

Development on the Lake – Submerged Land Leases

Here along the North Coast of Lake Erie, some folks are fortunate enough to enjoy the features that come with living on the lakeshore. However, most people are largely unaware of the mechanism by which the State of Ohio...more

City of Pittsburgh adopts Riverfront IPOD

by Tucker Arensberg, P.C. on

On June 6, 2016, City of Pittsburgh Mayor William Peduto signed legislation enacted by City Council amending the City of Pittsburgh Zoning Code by establishing a Riverfront Interim Planning Overlay District (“IPOD”). The...more

The Tide Rises Waterfront Development in Pennsylvania

by Reed Smith on

Pennsylvania organizations hoping to increase development of public amenities and parks along Pennsylvania’s waterfronts may soon benefit from the new “Waterfront Development Tax Credit” enacted as part of Act 84, and signed...more

Pre-1969 Fill of Shoreline Area Not a Violation of the Public Trust Doctrine

by Perkins Coie on

The Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in...more

Proposed Riverfront Interim Planning Overlay District to Provide Additional Zoning Regulations in Pittsburgh

On Tuesday, May 24, 2016, Pittsburgh City Council passed an ordinance creating a new Interim Planning Overlay District (IPOD) along all of Pittsburgh’s nearly 35 miles of riverfront. The IPOD legislation was initiated by the...more

Surfers Break With Billionaire in Ongoing Battle Over Historic Coastal Property

by Miller Starr Regalia on

At the conclusion of the Mexican-American War in 1848, the United States acquired California from Mexico through the Treaty of Guadalupe Hidalgo. The Treaty promised to honor Spanish and Mexican land grants. While it is...more

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

by Goulston & Storrs PC on

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under...more

California Environmental Law & Policy Update - March 2016 #2

by Allen Matkins on

Environmental and Policy Focus - State Water Project allocation increased to 45 percent - Western Farm Press - Mar 17 - This year’s “miracle March” boosted water supply conditions well enough in California for...more

Maryland Court of Appeals Opens Door to New Class of Inverse Condemnation Claims

by Ballard Spahr LLP on

A property owner states a valid claim for inverse condemnation where the owner alleges that its property was taken by the government's failure to act in the face of an affirmative duty to act, the Maryland Court of Appeals...more

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

by 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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