News & Analysis as of

Riparian Rights

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Is Your Neighbor’s Dock on Your Property?

by Varnum LLP on

I've always envied accountants because their busy season ends when the weather starts to get nice. As a riparian rights attorney, I have the opposite problem. When lake season approaches, and docks and lifts are installed, my...more

Farrell Fritz Land Use Blog- 2016 Year in Review

by Farrell Fritz, P.C. on

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about in 2016 and to remind our readers that the land use practice group at Farrell Fritz is a diverse group of attorneys,...more

Riparian Easements And Waterfront Lands

by Farrell Fritz, P.C. on

In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by...more

No Prescriptive Rights Arise from Misuse of Dedicated Area

by Varnum LLP on

In 2012 the Michigan Legislature passed PA 56 in an attempt to stop the misappropriation of public road ends by private individuals. Though PA 56 carries criminal penalties, a recent Court of Appeals decision reflects that...more

Minnesota Weekly Legislative Update

by Faegre Baker Daniels on

The first of three Minnesota legislative committee deadlines arrives tonight at midnight. By the first deadline, a committee must act favorably upon a bill in its body of origin or the bill does not move forward. As a result,...more

Minnesota Weekly Legislative Update: 03/25/2016

by Faegre Baker Daniels on

The Minnesota Legislature had a short week, with no official business on Friday due to their Easter recess. The legislature will return on Tuesday, March 29, at noon. This week, committees continued to hear budget details...more

I Sued My Neighbor and Lost My Dock

by Varnum LLP on

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

SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

by Bennett Jones LLP on

The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

But I’ve Always Had a Dock on the Easement

by Varnum LLP on

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

Court Upholds First Nations’ Right to Bring Claims Based on Interference with Unproven Aboriginal Rights and Title

In its recent decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc., the Court of Appeal for British Columbia (BCCA) confirmed that First Nations may bring actions against private parties in...more

California Groundwater Users Face Unpredictable Legal Frontier

In 2014, for the first time in its 164-year history, California enacted a law that comprehensively regulates the extraction and use of the state’s groundwater. This legislative action came against the dramatic backdrop of...more

California Environmental Law & Policy Update - February 2015 #2

by Allen Matkins on

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

State Water Board Launches Investigation Into Claims of Senior Water Rights

by Allen Matkins on

Action Required - Parties identified on Attachment A of the State Water Board's Order must provide the requested information no later than March 6, 2015, or face potential enforcement actions. ...more

Ownership of Michigan Islands

by Varnum LLP on

Islands, large and small, can be found in many of Michigan's rivers and inland lakes. Some islands are just large enough to support a couple of trees and others boast spectacular homes or resorts. Big or small, islands are...more

Real Property, Financial Services & Title Insurance Update

by Carlton Fields on

Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

by Allen Matkins on

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

Misuse Of Keyhole Lot As Marina

by Varnum LLP on

A dispute is brewing between riparians and backlot owners on Deer Lake in Independence Township, located in Oakland County, Michigan. ...more

No Prescriptive Right To Dock In Plat

by Varnum LLP on

In 1957 the Michigan Supreme Court observed that "as the Water Wonderland acquires more population it also acquires more litigation over water rights." Our population has increased, we have become more litigious, and plats...more

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