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Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize Jan 1996

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that regulatory ...


State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis Jan 1994

State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis

Theses and Major Papers

In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii ...


The Development And Constitutionality Of The 1971 Delaware Coastal Zone Act, Francis Cameron May 1972

The Development And Constitutionality Of The 1971 Delaware Coastal Zone Act, Francis Cameron

Theses and Major Papers

In June 1971, the Delaware Legislature passed the Delaware Coastal Zone Act that barred heavy manufacturing industry from locating in an area one to six miles deep along the state's 115 mile coastline. The act created a State Coastal Zone Industrial Control Board to hear appeals from decisions of the State Planner. In addition, the act prohibited the construction in the bay of marine terminals for the transshipment of liquid and solid bulk materials of any substance, (specifically aimed at offshore oil and coal transfer) from vessels to onshore facilities. The law's immediate effect was to block several ...