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Waterfront Properties

Burns & Levinson LLP

Public Access to and Along the Shore – Update

Burns & Levinson LLP on

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

Nossaman LLP on

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?

Burns & Levinson LLP on

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

Mintz

Another NIMBY challenge in Nantucket, this one challenging public waterfront access

Mintz on

The Boston Globe is reporting on NIMBY opposition to a clam shack on Nantucket's Straight Wharf. It seems that residents of the adjacent North Wharf are concerned that the clam shack will increase noise in the neighborhood...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

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

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

Husch Blackwell LLP

Dismissal Of Takings Claims Against Water Authority

Husch Blackwell LLP on

Key Points:- The San Antonio Court of Appeals held property owners lacked standing to sue over lowering dam gates because the damages they alleged were not specific to them but suffered by the public at large...more

Pierce Atwood LLP

Fate of Municipal Harbor Plans Thrown Into Question

Pierce Atwood LLP on

The Superior Court’s April 1, 2021 decision in Armstrong v. Theoharides (pdf) was no April Fool’s joke and could have far-reaching consequences for Massachusetts waterfront development. In a case against the Secretary of...more

Shutts & Bowen LLP

COVID-19 Stimulus Relief and the Construction Industry

Shutts & Bowen LLP on

The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an...more

Kramer Levin Naftalis & Frankel LLP

NYC CPC Certifies Zoning for Coastal Flood Resiliency Proposal for Public Review

On Oct. 19, 2020, the City Planning Commission certified for public review a proposed citywide text amendment known as Zoning for Coastal Flood Resiliency (ZCFR). The proposal seeks to update and make permanent those zoning...more

Nossaman LLP

Who Has The Right To Develop A Pier?

Nossaman LLP on

If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...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

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Rejects Challenge to LA’s Business Improvement Districts on Procedural Ground

At the end of June, in Hill RHF Housing Partners, L.P. v. City of Los Angeles, the Court of Appeal upheld the trial court’s denial of a challenge to the City of Los Angeles’s June 2017 establishment of the Downtown Center...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

Pierce Atwood LLP

This Land (Was) Your Land: Mass. Appeals Court Updates Law on Adverse Possession and Prescriptive Easements

Pierce Atwood LLP on

In the second half of this year the Massachusetts Appeals Court decided three cases in which a party claimed adverse possession or prescriptive rights in real estate. In each case the focus was on one particular element of...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

Farrell Fritz, P.C. on

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...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

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

Nossaman LLP on

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

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

Nossaman LLP

Will California’s Sea-Level Rise Trigger Use of Eminent Domain?

Nossaman LLP on

We’ve been tracking the impacts of sea-level rise in California, and previously reported on a potential recommendation by the California Coastal Commission to utilize eminent domain for “managed retreat” — buying or...more

Farrell Fritz, P.C.

Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld

Farrell Fritz, P.C. on

In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the denial of an Article 78 proceeding seeking to vacate and annul a determination of the Board of Trustees of...more

Whitman Legal Solutions, LLC

Water Music and Water Rights

What Real Estate Do You Own? Normally, property owners know what land they own. They have a deed with a legal description and a survey which clearly shows their property line....more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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