Protecting a “Million Dollar Water View” with Restrictive Covenants
While a picture may be worth a thousand words, a Rhode Island ocean view may be worth millions, if not in fact be priceless, if a little-noted Rhode Island…
A Real Estate Developer’s Worst Nightmare Gets Even Worse
To all those developers rushing off to federal court to sue because state regulations preventing development have “taken” your property without just compensation—NOT SO FAST! And to all those…
Landlords, Party Houses and the Scarlet Notice
If you are a landlord, the First Circuit Court of Appeals has made it clear you may be liable for the overly exuberant merriment of your tenants if you own…
Why Isn’t That Easement On My Survey?
Real estate investors, developers, and even residential property owners who want to know specifically what they are buying or what they already own will often commission a survey. The survey…
A Comprehensive Conference on Offshore Energy Development: Get Current and Get Connected
Those of you now planning your professional development seminars or continuing legal education opportunities for the New Year, consider a comprehensive two day conference to be held in Boston in…
Coastal Permitting and Federal Coastal Zone Management Act Protections for States
I recently had the opportunity to address the fall meeting of the American Bar Association’s Section of State and Local Government Law on a coastal permitting topic that even…
Regulating Waterfront Property in Rhode Island: Ownership Does Not Mean Control
If you own waterfront property in Rhode Island and think you can do with it what you will, so long as you observe zoning ordinances like everyone else, think…
Is “Right to Dry” Wrong to Try?
With near double digit national unemployment, the collapse of the housing market throughout the country, and soaring state deficits, you might think that State government would be too busy…
Cape Wind and the Indians: When Everyone Has Rights, No One Has Rights
The Cape Wind project to construct 130 wind turbines in Nantucket Sound was recently approved by U.S. Secretary of the Interior Salazar over the objections of two Native American…
Is the DEM Director’s Review of Hearing Officer Decisions Itself Under Review?
The Director of the Rhode Island Department of Environmental Management has statutory authority to review the decisions of DEM Administrative Adjudication hearing officers pertaining to violations or licenses. (See R.I.Gen. Laws…