News & Analysis as of

Public Trust Doctrine Real Estate Development

Farrell Fritz, P.C.

Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine

Farrell Fritz, P.C. on

The Public Trust Doctrine holds that when a municipality acquires land for an expressly public purpose, it cannot later sell or otherwise alienate the use of that land for private use without the State Legislature’s approval...more

Nossaman LLP

Financial Liability & Legal Issues for Cities Related to Sea Level Rise

Nossaman LLP on

Sea Level Rise is a critical issue facing public agencies and property owners throughout the U.S.  In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment...more

Nossaman LLP

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

Nossaman LLP on

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.

Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

Farrell Fritz, P.C. on

A recent ruling by the Appellate Division, Second Department, Matter of Coney Island Boardwalk Community Gardens v City of New York, concerned the fate of a parcel of land located at the Coney Island boardwalk. That parcel...more

Farrell Fritz, P.C.

Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

Farrell Fritz, P.C. on

A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to the State Comptroller and State Park Commissioner requesting an opinion as to whether Town Trustee property, known...more

Farrell Fritz, P.C.

Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

Farrell Fritz, P.C. on

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located...more

Farrell Fritz, P.C.

Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

Farrell Fritz, P.C. on

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which...more

Perkins Coie

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

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

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