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 shorelands bottomlands tidelands tidewaters
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
375,000 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 public’s 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. California Coastal Commission
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. South Carolina Coastal Commission
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 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
The physical occupation of private land by a unit of government, except under extreme circumstances, is a taking.
A regulation that “goes too far” is a taking (Pennsylvania Coal).
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)
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).
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