News & Analysis as of

Coastal Real Estate Waterfront Properties

Hinckley Allen

Rhode Island Shoreline Property Case Could Have Wider Impact

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Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly...more

Partridge Snow & Hahn LLP

R.I. Court Holds 2023 Shore Access Law Is An Unconstitutional Taking

In June 2023, the Rhode Island General Assembly enacted legislation granting the public expanded “privileges of the shore,” including but not limited to the right to fish from the shore, to swim in the sea and to pass along...more

Verrill

Understanding 91’s Amnesty Program

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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

Burns & Levinson LLP

Public Access to and Along the Shore – Update

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In Rhode Island, public access advocates, as well as local and state officials, continue efforts to secure access for the public to and along the shore. My August post, “How About a Walk on the Beach,” summarized the history...more

Nossaman LLP

Adapting to Climate Change, Inland

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Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more

Burns & Levinson LLP

How About a Walk on the Beach?

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August. Dog days of summer. And also the best time to take a relaxing stroll along the beach. But where? Public beaches are often still crammed if you can find a place to park. But many of us know of a public access path to...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? What's Up Dock?

Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

Miller Nash LLP

Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures

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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

Gray Reed

Louisiana Coastal Zone Litigation Likely to Remain in Federal Court

Gray Reed on

In Plaquemines Parish et al. v. Chevron et al., the U. S. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or...more

Allen Matkins

Sustainable Development and Land Use Update - August 2020

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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

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

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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

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

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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

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

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In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Nossaman LLP

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...more

Farrell Fritz, P.C.

New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

Farrell Fritz, P.C. on

Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and...more

Burr & Forman

Is There Practical Evidence of Climate Change?

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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

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