Common Law Framework For A Rolling Easement

wetlands page 23

The public trust doctrine and wetland-protection policies prevent people from filling wetlands and beaches. As a result, new construction is generally set back inland from the high water mark. Because these policies do not consider shoreline erosion, however, the shore will eventually erode up to the development, leaving the same situation that would have resulted had developers been allowed to fill the wetlands in the first place.

The Transitory Success of Current Tidelands Policies (taken from Titus, 1998)

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