News & Analysis as of

Coastal Real Estate

Meyers Nave

2024 California Developers’ Toolkit: Density Bonus Law, Housing Laws, & Strategies for Success

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The California Legislature has continued to refine the Density Bonus Law over the years, making important updates to housing laws that impact developers across the state. Recent legislative changes include key updates on...more

Nossaman LLP

Development Plans and Permitting Efforts Help Ripen Regulatory Takings Claims

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Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more.  A few individuals...more

Allen Matkins

California Environmental Law & Policy Update - 8.16.24

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Recent raging winter storms have caved in streets, wrecked piers, collapsed homes and apartment buildings, and submerged property up and down California’s coastline. As sea levels continue to rise from climate change,...more

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

Goldberg Segalla

Who Owns the Beach? A Waterfront Case in Maine Makes Waves

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As coastal erosion continues to shrink beaches, the sand that remains has become ever more valuable; and in Maine, a battle over the beach has reached the state’s highest court. In most coastal states, the intertidal land —...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

Williams Mullen

Carolinas Environmental Legislative Update

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Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Mintz

When it comes to our urgent need for meaningful climate resilience, time keeps on slipping, slipping, slipping into the future!

Mintz on

Over the weekend The Boston Globe reported on the uniquely unfortunate situation in which the City of Boston finds itself as our oceans rise and coastal storms become more intense. You can always count on me 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

BCLP

Climate Change Due Diligence for Real Estate Acquisitions

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By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real estate to catastrophic damage....more

Perkins Coie

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to...

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The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). The court overturned the City’s...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

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Annual Legislative Update: Important Land Use Laws Taking Effect in 2024

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The 2023 legislative session culminated in Governor Newsom signing dozens of land use bills. This post discusses the most important. The Legislature continued its multifaceted approach to addressing the housing crisis, with...more

International Lawyers Network

Buying and Selling Real Estate in Costa Rica (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COSTA RICAN LAW - General - Real estate law in Costa Rica is governed by the principles established in the Costa Rican Civil Code for acquiring, selling, and disposing of ...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

Carlton Fields

[Event] Building Resiliency Into the Construction Industry - September 7th, Miami, FL

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In the construction industry, resilience generally refers to a building’s or infrastructure element’s ability to avoid, mitigate, absorb, or recover from physically destructive events, with an eye toward overall longevity. ...more

Nossaman LLP

California Trial Court Clarifies When Coastal Property Owners Are Entitled to Seawall Protection Under the Coastal Act

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In a recent California trial court decision, Casa Mira Homeowners Association v. California Coastal Commission (Casa Mira), the court added another significant page in the decades-long debate over which coastal properties are...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

Robinson & Cole LLP

New Massachusetts DEP Regulations Target Cape Cod Septic Systems

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The Massachusetts Department of Environmental Protection (DEP) has promulgated new regulations intended to reduce nitrogen loading from septic systems in sensitive coastal estuaries and embayments in the Commonwealth, with an...more

Miller Starr Regalia

Ocean Views Matter: Fourth District Holds Program EIR For Community Plan Update Didn’t Consider Potentially Significant View...

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In a published opinion filed June 23, 2023, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ of mandate directing the City of San Diego (City) to set aside its approvals of an ordinance...more

Integral Consulting Inc.

Climate Change, Sea Level Rise, and Groundwater: Legal Implications and Environmental Challenges for Attorneys

Introduction: This article delves into the legal implications and environmental challenges posed by climate change-induced sea level rise, specifically focusing on its effects on groundwater resources. Armed with this...more

Mintz

Coronado is making a risky bet that the Coastal Commission will save it from State housing laws

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It's no secret that the wealthy enclave of Coronado is flouting State housing laws. What's remarkable is that it is hoping the Coastal Commission will come to its rescue....more

Downey Brand LLP

Second District Rejects CEQA and Coastal Act Challenge to Senior Facility in Pacific Palisades Area of Los Angeles

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In Pacific Palisades Residents Association, Inc. v. City of Los Angeles et al. (March 8, 2023, Case No. B306658) __ Cal.App.2d __, the Second District issued a strong opinion affirming the trial court’s ruling that a proposed...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

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