Waterfront Properties

News & Analysis as of

City of Pittsburgh adopts Riverfront IPOD

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

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

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

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

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

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

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...

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

Water and Land Part 1

Water and Land - Two recent cases, State of North Carolina v. Alcoa Power Generating, Inc., 5:13-CV-00633 (E.D.N.C.) (September 28, 2015) and Nies v. Town of Emerald Isle, __ N.C. App. ___ (November 17, 2015) address...more

I Sued My Neighbor and Lost My Dock

Occasionally I get a call from someone that begins with "I need to sue my neighbor." What the caller really needs is advice to understand the options available, the risks, and how best to solve the problem which prompted the...more

Land Use Matters: Alston & Bird LLP, September 2015

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

But I’ve Always Had a Dock on the Easement

For decades Michigan courts have been called upon to decide whether a waterfront easement, platted way, or similar access device permits the user to exercise riparian rights – the ability to install a dock and moor boats to...more

The Onion Spoofs Land Use, Cites the "Admittedly Crazy Idea" of Urban Waterfront Revitalization

So many great ideas sound so simple, so obvious after development and actualization, right? Velcro. Tupperware. The cheeseburger. Buying a condo in Manhattan's West Village in 1987....more

From Second and State: Capitol Wrap

The House and Senate will reconvene on Monday, May 5, 2014. This will be the last session week until after the May 20 primary. Here’s what happened in Harrisburg this week: Waterfront Development - Senator...more

Fourth Circuit Rejects Manipulation Of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? ...more

Establishing A Legal Lake Level

If you are fortunate enough to own property on one of Michigan's 11,000 inland lakes you have probably been unhappy with the lake level at one time or another....more

Things To Consider When Buying Waterfront Property

It is always a good idea to seek the advice of experienced counsel before purchasing any real estate. In addition to issues raised in connection with any purchase of real estate, the following are particularly relevant if you...more

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