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Rolling Easements as a Viable Tool to Address Rising Sea Levels in US Coastal Communities

Abstract

This Article will first evaluate the viability of rolling easements as a tool to combat rising sea levels in US coastal communities. Then, it will propose how coastal municipalities can use the rolling easement doctrine established under the Texas Open Beaches Act as a model for balancing dual responsibilities of protecting private property rights and safeguarding public access to coastal waters. Finally, it will consider applications of rolling easements to states positioned along the Atlantic and Pacific coasts, namely in New Jersey and California, where sea levels are expected to rise considerably in upcoming decades and profoundly affect the lives of tens of millions of Americans.

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