Attorney Blog

New Developments in Environmental Law
Tidelands, Waterways & Great Ponds

Tidelands, Waterways & Great Ponds (2)

Court Decision Reminds Us Who Can Enforce The Public Trust Doctrine and Reserved Public Rights in Tidelands

Written by
/ Published Monday, 04 February 2019 15:00
Only the Commonwealth may enforce public trust rights in Commonwealth tidelands. Property owners lack legal authority to use private litigation for enforcement of public trust rights. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).

Appeals Court Limits Private Enforcement of Waterfront and Tidelands Public Trust Rules

Written by
/ Published Tuesday, 07 August 2018 11:14
Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).

Contact Information

Resources