Land Under Water: Navigating Legal Nuances of Waterfront Development in NYS

Waterfront property acquisition and development in New York State involves numerous legal nuances that affect basic property boundaries and rights. These tricky areas include ownership of and rights to land currently and formerly under water, riparian and littoral rights, and natural boundary changes. Speakers will discuss how these issues arise in a practical sense, why they matter, how to address them, and how climate change may affect the analysis.

• Why title to land currently or formerly under water matters and to whom
• Process for determining title to land currently or formerly under water
• Obtaining property rights from NYSOGS (fee title, easements, licenses, etc.)
• Floor area from land under water and waterfront structures
• Availability and scope of riparian and littoral rights
• Legal consequences of natural boundary changes (avulsion, accretion, reliction)
• Effect of climate change

Speakers

Moderator: Nicholas M. Ward Willis, Keane & Beane P.C.

Frank Pallante, NYS Office of General Services

Scott Shostak, New York City Economic Development Corporation

Marlon Smith, Royal Abstract

Michael Bogin, Sive, Paget & Riesel

Andy Schwartz, NYC Department of Small Business Services