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Types of Law Involved in Coastal Management

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Types of Law Involved in Coastal Management Administrative Law Environmental Law Property Law Land Use Regulation Water Law Natural Resources Law – PowerPoint PPT presentation

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Title: Types of Law Involved in Coastal Management


1
Types of Law Involved in Coastal Management
  • Administrative Law
  • Environmental Law
  • Property Law
  • Land Use Regulation
  • Water Law
  • Natural Resources Law
  • Constitutional Law
  • Federal/State Statutes
  • International Law

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.1
2
Lands Under Navigable Waters
  • Lands subject to the ebb flow of the tides
  • The King exercises ownership and dominion
  • King protects public uses of navigation,
    commerce, fishing

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.2
3
Public-Private Boundary in Coastal
Lands Determined by State Law
  • mean high tide line or
  • mean low tide or
  • first line of stable vegetation

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.3
4
Ambulatory Boundaries
  • Shorelines are rarely stable.
  • Legal and physical boundary is ambulatory.
  • The property line is a rolling public easement.
  • Coastal land owners may gain or lose as
    boundaries change.

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.4
5
Coastal Processes that Can Change
Property Boundaries
  • Accretion when upland is created, the property
    boundary moves seaward
  • Erosion When land is worn away by water, the
    property boundary moves landward
  • Avulsion A sudden change in the shoreline by
    action of the water does not change the original
    boundary
  • Subsidence There is a limited right of
    reclamation of subsided land
  • Global warming Sea level rise may have
    ramifications for ownership

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.5
6
Public Trust Doctrine
  • The Public Trust Doctrine applies to
  • shorelands
  • bottomlands
  • tidelands
  • tidewaters
  • navigable freshwaters
  • plant and animal life living in these waters

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.6
7
Public Trust Resources
  • Owned by the public
  • Held in trust by the State for the benefit of
    the
  • public

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.7
8
Extent of the Public Trust Doctrine in the U.S.
  • 191,000 square miles of navigable waters
  • 79,481 square miles of inland navigable waters
  • 74,364 square miles of coastal waters
  • 37,500 miles of ocean waters
  • 98,664 miles of trust shoreland
  • 88,633 miles of tideland
  • 10,031 miles of Great Lakes shoreline

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.8
9
Rights Protected under the Public Trust Doctrine
  • fishing
  • commerce
  • travel
  • swimming
  • hunting
  • recreational fishing
  • boating
  • public access

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.9
10
Types of Law Involved in Coastal Management
  • Atlantic, Pacific and Gulf states define
    coastal boundaries by vertical datums
  • planes of reference for elevations based on the
    average rise and fall of the tide
  • Great Lakes states determine the ordinary high
    water mark by means of vegetation

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.10
11
Public Trust Lands Vested with Two Titles
  • jus publicum the collective rights of the
    public to use and enjoy trust lands and waters
  • jus privatum the private proprietary rights in
    the use and possession of trust lands
  • The State retains and holds in trust the
    publics jus publicum interest regardless
    of ownership

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.11
12
Coastal Resource Management Issues That Can be
Addressed by the Public Trust Doctrine
  • public access to coastal areas
  • oil and gas production
  • environmental quality
  • erosion control

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.12
13
Use of the Public Trust Doctrine in State Coastal
Management Programs
  • Explicit incorporation of public trust principles
    into state programs
  • Special area designations to protect public trust
    lands/resources
  • Limit/prohibit development in protected zones
  • Classify public trust lands/waters in different
    use categories
  • Creation of management authorities for public
    trust areas
  • Set priorities for public trust uses

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.13
14
U.S. Constitution 5th Amendment
No person shall be deprived of life, liberty or
property, without due process of law nor shall
private property be taken for public use without
just compensation.
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.14
15
Pennsylvania Coal v. Mahon (1922)
The general rule at least is, that while property
may be regulated to a certain extent, if
regulation goes too far, it will be recognized as
a taking.
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.15
16
Takings Cases First English
First English Evangelical Lutheran Church of
Glendale v. County of Los Angeles (1987) Just
compensation is due for the period of time that a
regulation was in effect if that regulation is
found to be a taking.
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.16
17
Takings Cases Nollan
Nollan v. California Coastal Commission (1987)
There must be a rational nexus between a
condition imposed by the government on a private
landowner and a valid public purpose.
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.17
18
Takings Cases Dolan
Dolan v. City of Tigard (1994) There must be a
rough proportionality between a dedication of
land required by the government and the impact of
the proposed development.
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.18
19
Takings Cases Lucas
Lucas v. South Carolina Coastal
Commission (1992) A regulation that deprives a
landowner of all economically beneficial or
productive use of the land is a taking.
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.19
20
Wild Dunes Resort
Source William A. Fischel. Lucas v. South
Carolina Coastal Council A Photographic Essay.
Dartmouth College Dept. of Economics 1995
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.20
21
Lucas Lots, I
View of Lucas's two lots, on either side of large
square house in the center, from the edge of the
ocean (looking towards northwest). Note that
Lucas's lots are the only vacant lots in sight
along the beach.  
Source William A. Fischel. Lucas v. South
Carolina Coastal Council A Photographic Essay.
Dartmouth College Dept. of Economics 1995
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.21
22
Lucas Lots, II
Closer View of dunes and both of Lucas's lots
from the beach, looking towards northeast. As
before, square house is between Lucas's lots.
Source William A. Fischel. Lucas v. South
Carolina Coastal Council A Photographic Essay.
Dartmouth College Dept. of Economics 1995
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.22
23
Lucas Lots, III
  Looking toward ocean (southwest) across one of
Lucas's vacant lots (13 Beachwood East). The
small sign says "Beach Access Path," indicating
the public path to the beach.
Source William A. Fischel. Lucas v. South
Carolina Coastal Council A Photographic Essay.
Dartmouth College Dept. of Economics 1995
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.23
24
Lucas Lots, Revisited I
The cube-shaped house, as before, is between
Lucas's original two lots. (Lucas did not own the
cube-shaped house or its lot.) On the left is a
new house (salmon-pink color) built since 1994.
The lot on the right remains vacant
 
Source William A. Fischel. Lucas v. South
Carolina Coastal Council A Photographic Essay.
Dartmouth College Dept. of Economics 1995
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.24
25
Lucas Lots, Revisited II
A closer view of the new, salmon-pink house. The
house is about 5,000 square feet.
 
Source William A. Fischel. Lucas v. South
Carolina Coastal Council A Photographic Essay.
Dartmouth College Dept. of Economics 1995
Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.25
26
A Summary of Takings Cases Rules
  1. The physical occupation of private land by a
    unit of government, except under extreme
    circumstances, is a taking.
  2. A regulation that goes too far is a taking
    (Pennsylvania Coal).
  3. Even a temporary loss of use of private
    property will constitute a taking requiring
    compensation for the period during which use of
    the property was denied (First English).

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.26
27
A Summary of Takings Cases Rules (continued)
  1. If the regulation exacts a property right as a
    condition for a permit with no rational
    connection to a valid public purpose then the
    regulation goes too far and is a taking
    (Nollan).
  2. A total deprivation of economic use will amount
    to a taking for which damages may be awarded
    (Lucas).

Session Name Coastal Hazards Management
Framework II Coastal Hazards Management Course
Slide 27.27
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