Sea-Level Rise, Managed Retreat, and Eminent Domain in California

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Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week.  If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings issues in California.  Specifically, I touched on:

  • The projected impacts to private property and public infrastructure as a result of sea-level rise
  • The general powers and limitations on the Coastal Commission
  • Coastal Commission concepts on dealing with sea-level rise, including managed retreat, sea-walls/armoring, and beach replenishment
  • Concerns with potential eminent domain, regulatory takings, and precondemnation damages
  • Potential defenses under the Public Trust Doctrine and state nuisance laws
  • Best practices to minimize liability associated with sea-level rise planning

In addition to my presentation, we also had some great other topics involving sea-level rise / shoreline management options, public access and coastal development permitting, legislative updates and infrastructure funding opportunities, and coastal litigation and case law updates.

You can find all the presentations here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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