Types of Law Involved in Coastal Managemen Session Name: Coastal Hazards Management Framework II Coastal Hazards Management Course • Administrative Law • Environmental Law • Property Law • Land Use Regulation • Water Law Slide 27.1 • Natural Resources Law • Constitutional Law • Federal/State Statutes • International Law
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Types of Law Involved in Coastal Management Session Name: Coastal Hazards Management Framework II Coastal Hazards Management Course Administrative Law.
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• 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
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 Economics1995
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 Economics1995
Source: William A. Fischel. Lucas v. South Carolina Coastal Council: A Photographic Essay. Dartmouth College Dept. of Economics1995
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 Economics1995
A closer view of the new, salmon-pink house. The house is about 5,000 square feet.
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).
4) 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).
5) A total deprivation of economic use will amount to a taking for which damages may be awarded (Lucas).