The law firm of Davison Eastman Munoz Paone, P.A. was recognized among the Best Law Firms, 2023* by U.S. News & World Report in three (3) of the firm’s practice areas: Litigation – Real Estate Commercial Litigation Real Estate Law “This is an honor for all of us, attorneys and the entire staff.” advised Managing […]
Vessels have the right to use navigable waters free from obstruction. Petition of Martin, 102 F. Supp. 43 (E.D. Pa. 1951). Every material obstruction to navigation is unlawful and a nuisance to the extent it is unauthorized. Newark Plank Road Company v. Elmer, et al., 9 N.J. Eq. 754, 788 (E. & A. 1855). In […]
How one determines whether the waterway adjoining one’s upland is a lagoon or a natural waterway is a bit of a science and a bit of art. The State claims title to lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of […]
In Rotelle v. N.J.D.E.P., 92 N.J.A.R. 2D (EPE) (1992) the Court found that the basic facts were not in dispute. “The petitioner sought and received a waterfront development permit in 1981 and built the structures allowed by that permit. Thus, he was aware of the need to obtain such a permit before beginning construction. Notwithstanding […]
A discussion discerning whether a bulkhead in a man-made lagoon has all the necessary permits in order to proceed with a Riparian Grant Application. The N.J. Bureau of Tidelands Management demands that an Applicant applying for a Riparian Grant that would extinguish the State’s Riparian claim on the Applicant’s lot, must first prove that the […]
Development is prohibited on beaches (N.J.A.C. 7:7E-3.22(b)). That said, it is important to know just what the State of New Jersey designates as a beach. According to the Coastal Zone Management Rule (N.J.A.C. 7:7E-3.22), beaches are generally sloping areas of sand or other unconsolidated materials found on all tidal shorelines, including the ocean, bay and […]