News & Analysis as of

Beachfront Properties State and Local Government

Verrill

Understanding 91’s Amnesty Program

Verrill on

Chapter 91 of the Massachusetts General Laws, otherwise known as the Public Waterfront Act, is the primary law protecting the public’s rights to use and access the coastal tidelands of the Commonwealth. First adopted in 1866,...more

Miller Nash LLP

Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

Miller Nash LLP on

At the core of Oregon’s coordinated land-use-planning law are 19 “statewide planning goals.” These goals set forth policy and directives that local governments must follow in crafting their planning ordinances and zoning...more

Farrell Fritz, P.C.

Truck Beach – Drawing Lines In The Sands of East Hampton

Farrell Fritz, P.C. on

The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department....more

Allen Matkins

Sustainable Development and Land Use Update - August 2020

Allen Matkins on

Manhattan Beach’s short-term rental ban voided until state Coastal Commission approves - The Beach Reporter – July 30 - The Los Angeles Superior Court late last month voided Manhattan Beach’s short term rental law,...more

Nossaman LLP

Emergencies and the Coastal Act

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In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be...more

Nossaman LLP

Martin’s Beach Saga Continues With California’s New Lawsuit

Nossaman LLP on

On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more

Bilzin Sumberg

Opinon: Zoning can be a Cost-Effective Tool for Confronting Climate Change

Bilzin Sumberg on

As a coastal region confronting the impacts of climate change, South Florida must continue to advance urban resiliency and sustainability innovations through public investments, regulations, and private sector incentives that...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.

Federal Oversight of Zoning within the Fire Island National Seashore

Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

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