Public Trust Doctrine: Implications of New Public Access Law for Beachfront and Other Tidal Land Owners
Summer is around the corner and beach access issues are once again in the news. Senate Bill 1074, an “Act Concerning Public Access to Certain Public Trust Land”, was signed into law by the Governor on May 3, 2019. The law is also being referred to as the public trust doctrine/public access law. Whether the […]
NJ SUPREME COURT REFUSES TO REVIEW DECISION INVALIDATING DEP’S COASTAL PUBLIC ACCESS RULE
The uncertainty involving the New Jersey Department of Environmental Protection’s (“DEP”) Public Access Rule promulgated in 2012 under the Coastal Zone Management Rules continues. The Supreme Court by Order dated June 17, 2016 denied the State’s Petition for Certification to challenge the Appellate Division’s Hackensack Riverkeeper, Inc. and NY/NJ Baykeeper v DEP, 443 N.J. Super […]
Coastal Property Owners’ Rights Upheld
Scoring a victory for property owners, the Appellate Division of the New Jersey Superior Court recently confirmed the necessity of balancing the public’s access to the sea and the rights of coastal property owners. In a February 1, 2013 decision in Ritter v Harbor Commission of Atlantic Highlands (“Commission”) the court ruled against Ritter affirming […]
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