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Land Use

Nuisance – From Property to Environmental Litigation

Nuisance – From Property to Environmental Litigation

Today, our blog will talk about various nuisance claims, and give a recent example of one using Rhode Island’s environmental litigation against fossil fuel companies for the consequences of climate change. What Is a Nuisance (legally speaking) in Rhode Island? Under common law, there are two kinds of nuisance claims, though both were mostly related to property law historically. The…

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State-Level Construction Projects and Land Use Policy

State-Level Construction Projects and Land Use Policy

In a case seeking to settle law related to land use and zoning laws and land use policy in Rhode Island, the state Supreme Court recently heard oral arguments for two consolidated cases brought to it by appeal. Town of Exeter v. State of Rhode Island et al. No. 2018-274-Appeal.; Town of Richmond, Rhode Island v. State of Rhode Island et…

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Land Law: Adverse Possession and Acquiescence in R.I.

Land Law: Adverse Possession and Acquiescence in R.I.

Recently, the Rhode Island Supreme Court issued its decision in Clark v. Buttonwoods Beach Association (No. 2018-17-Appeal). In this case, the plaintiffs alleged that they owned a beachfront piece of land directly across from their residential lot on Promenade Avenue in Warwick. The plaintiffs also alleged that they purchased their residential lot because the purchase and sale included the beachfront…

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How Attorneys Help You Navigate Land Use Restrictions

How Attorneys Help You Navigate Land Use Restrictions

Owning property gives you rights to use and develop that property. Being able to do anything you want is usually not possible, however. This is a result of land use restrictions created by government or from private parties when property is transferred. Below, we’ll take a look at different land use restrictions and how attorneys can assist you with issues…

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Zoning Appeals: A Walkthrough Using Recent Caselaw

Zoning Appeals: A Walkthrough Using Recent Caselaw

Let’s face it: zoning law isn’t the first thing that comes to mind when you think of the most lively and interesting areas of law. Despite that, this area of law is necessary for developing our communities. Until, that is, suddenly zoning law becomes far more dynamic. Usually, this occurs when either your own property and/or activities are affected by…

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Legal Management of Resources and Land Use

Legal Management of Resources and Land Use

On March 27, the Bureau of Indian Affairs (BIA) informed the Mashpee Wampanoag Tribe that it was disestablishing the Tribe’s reservation. The BIA, which falls under the Department of the Interior, assists tribes with natural resources and land use for trust land under the IRA, among other things. The disestablishment removed the tribe’s land from federal trust. As a result,…

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COVID-19 and Commercial and Residential Land Use Issues

COVID-19 and Commercial and Residential Land Use Issues

As the number of cases of COVID-19 grows around the country, the New York City metro area, and New York generally, has experienced some of the highest rates of infection. This has resulted in many people from the area leaving to take shelter in their second homes. Many of those homes are in Rhode Island. In particular, coastal municipalities such…

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The Scoop on Community Land Use Planning and Development Projects

The Scoop on Community Land Use Planning and Development Projects

For a long time, land use planning has consisted of efforts conducted at the state and municipality levels, to guide individuals and businesses’ development plans. However, it is becoming more common for these planning efforts to guide developments proposed through community land use planning processes. Essentially, community land use planning takes the comprehensive planning done by the state and/or the…

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Attorneys Are One of Your Land Planning Consultants

Attorneys Are One of Your Land Planning Consultants

Like we’ve talked about in previous blogs, getting your construction/development plans approved requires a team. Quick approval depends on enlisting experts in their respective fields.  Your contractor and subcontractors must provide detailed descriptions of the work being done. Your engineer must have knowledge of the various concerns in your area, as well as the requirements for site plans. Also, you…

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