LEGAL IMPLICATI0h4S OF COASTAL 

 EROSION IN LOUISIANA 



Paul Hribernick 

 Michael Wascom 



Sea Grant Legal Program 



Law Center 



Louisiana State University 



Baton Rouge, LA 70803 



ABSTRACT 



Erosion in the coastal zone of Louisiana has serious legal consequences for all 

 property owners — private, State and Federal. When a private property owner and the 

 State are placed in an adversarial position, the general rule of Louisiana law dictates 

 that erosion works against the private property owner's interest and works in favor of the 

 State's interest. When the State and the Federal Government are placed in an 

 adversarial position, the general rule of law dictates that erosion works against the 

 State's interest and works in favor of the Federal Government's interest. Following 

 these general rules, if the forces of nature work to erode a private property owner's land, 

 he may lose title of that land which erodes, and its valuable mineral resources, to the 

 State. Similarly, if the forces of nature work to erode the coastline of Louisiana, the 

 State may lose to the Federal Government, title to land in the Outer Continental Shelf in 

 an amount corresponding to the number of acres of coastline that has eroded. At stake 

 are invaluable mineral resources which pass with the ownership of the land. 



THE LEGAL IMPLICATIONS OF COASTAL EROSION IN LOUISIANA 



The weathering effects of natural forces in the coastal zone contribute to endless 

 alteration of the landscape. The physical causes of this erosion and its ramifications are 

 currently objects of intense scientific inquiry. Science is not the only discipline studying, 

 and reacting to, the severe changes worked by erosive forces in the coastal environment 

 of Louisiana, for in addition to habitat loss, hydrological modification, adverse effects on 

 fisheries, and myriad other physical manifestations, erosion presents significant legal 

 consequences for landholders in the coastal zone. This paper will examine the legal 

 implications of erosion to coastal property owners in Louisiana. First, how erosion 

 changes the relationship between an individual private property owner and the State will 

 be explored. Later, the relationship between the State Government and the Federal 

 Government as property owners will be examined to illustrate potential changes in legal 

 ownership directly attributable to coastal erosion. 



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