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Full-Text Articles in Land Use Law
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Josh Eagle
Taking The Oceanfront Lot, Josh Eagle
Taking The Oceanfront Lot, Josh Eagle
Josh Eagle
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the …