massachusetts tidelands law

27
Because good counsel makes a world of difference Massachusetts Tidelands Law: Recent Developments and Historical Beginnings Presentation to Prospective Clients Boston, Massachusetts September 17, 2009

Upload: joecal

Post on 07-Jul-2015

240 views

Category:

Business


2 download

DESCRIPTION

A seminar on Massachusetts Tidelands Law, including recent developments and historical beginnings.

TRANSCRIPT

Page 1: Massachusetts Tidelands Law

Because good counsel makes a world of difference

Massachusetts Tidelands Law:

Recent Developments and Historical Beginnings

Presentation to Prospective ClientsBoston, MassachusettsSeptember 17, 2009

Page 2: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Agenda

Page 3: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

How neighbors wish to use the beach

Page 4: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

How every owner thinks beach wil l be used

Page 5: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Boston in 1772 & 1880

Page 6: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

My Background

Page 7: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Page 8: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Justinian

Page 9: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Early English Common Law

Page 10: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Colonial Ordinances of 1641-47

Page 11: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Page 12: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

The right to f ish

Page 13: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

The right to fowl

Page 14: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Great Ponds

Page 15: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

The right to navigate

Page 16: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Page 17: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Page 18: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Who owns what

Page 19: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Equitable Division

Page 20: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Accretion/reliction/avulsion

Page 21: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Case Again on Appeal: Moot v. DEP

Page 22: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Legislation passed in response to Moot v. DEP

Page 23: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Cases on Appeal: Spil lane

Page 24: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Cases on Appeal: Arno

Page 25: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Photo Credits

• Slide no. 3 – Photo by Erin McDaniel, use governed by Creative Commons Attribution license

• Slide no. 7, 11,16, – This image is in the public domain because it contains materials that originally came from the U.S. National Oceanic and Atmospheric Administration, made during the course of an employee's official duties.

• Slide no. 5, 6, 8, 10 – This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain.

• Slide no. 13,15, 26 – Photo by Joe Callanan• Slide no. 17 – unknown; possibly public domain• Slide no. 21 – Seasholes, Gaining Ground: A History of Landmaking in Boston, at

385, The MIT Press (2003)• Slide no. 23 – unknown, however, public domain as it was a trial exhibit• All others IStockPhoto.com

Page 26: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Any Questions ?

Page 27: Massachusetts Tidelands Law

Because good counsel makes a world of difference.

Conclusion

If you have any further questions:

Joseph CallananNelson, Kinder, Mosseau & Saturley, P.C.

Two Oliver Street, Tenth FloorBoston, Massachusetts 02109

617-778-7585 (direct)617-778-7500 (main)617-778-7501 (fax)

[email protected]

Connect with me on

http://www.linkedin.com/in/joecallanan

Follow me on