Mississippi-Alabama Sea Grant Legal Program

Mississippi-Alabama Sea Grant
Legal Program

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ADVISORY SERVICE

The Mississippi-Alabama Sea Grant Legal Program Advisory Service is a legal research service provided free of charge to the Sea Grant College Program and its constituents on the Gulf of Mexico. The Legal Program is prohibited from providing legal advice or becoming involved in litigation. The information provided by Legal Program attorneys is intended for informational purposes only. Organizations requesting legal information should always seek independent, professional legal advice prior to taking action.

Advisory Service Guidelines  (PDF)


Recent Advisory Requests and Legal Research Results (Organized by Topic)

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 Aquaculture

Research on the Alabama Submerged Lands Leasing Programs for a proposed oyster aquaculture "farming park" in Alabama.

Response  prepared by Stephanie Showalter, Director, in May, 2011. (PDF)


Alabama Submerged Lands Leasing Programs - Part 2.

Response  prepared by Stephanie Showalter, Director, in May, 2011. (PDF)


Alabama Submerged Lands Leasing Programs - Part 3.

Response  prepared by Stephanie Showalter, Director, in May, 2011. (PDF)


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Beaches: Public Access

Questions about the Impact of User Fees on Liability under the Alabama Recreational Use Law.

Response prepared by Niki Pace, Research Counsel, in February, 2012. (PDF)


Questions about beach access on Dauphin Island.

Response prepared by Josh Clemons, Research Counsel, in February, 2005. (PDF)


Questions: 1) What rights do non-landowners have to access the public shore on the west end of Dauphin Island? 2) What authority does the Town have to restrict parking on the west end rights-of-way to property owners? 3) Who owns renourished beaches?

Response prepared by Josh Clemons, Research Counsel, in February, 2005. (PDF)


Questions about seawall and beach access on Dauphin Island.

Response prepared by Josh Clemons, Research Counsel, in June, 2004. (PDF)

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 Breakwater


Advisory request, liability for breakwaters at Alonzo Landing Salt Marsh Habitat Restoration.

Response prepared by Josh Clemons, Research Counsel, in August 2004. (PDF)



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 Coastal Development

Municipal Use of Impact Fees in Mississippi.


Response prepared by Niki Pace, Research Counsel, in September 2011. (PDF)

Overview of Coastal Barrier Resources Act Maps and Policies.

Response prepared by Niki Pace, Research Counsel, in September 2011. (PDF)


A Review of State Coastal Development Laws in the Gulf of Mexico.

Response prepared by Niki Pace, Research Counsel, in May 2011. (PDF)



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 Establishing Nonprofits in Mississippi

How can nonprofits be established in Mississippi?

Response  prepared by Terra Bowling, Research Counsel, in May 2007. (PDF)



Bullet
 Facility Security

Question about generic plans for smaller facilities.

Response prepared by Josh Clemons, Research Counsel, in February 2004. (PDF)



Bullet
 Fishing

Florida Fish and Wildlife Conservation Commission rulemaking questions.

Response  prepared by Josh Clemons, Research Counsel, in September, 2004. (PDF)



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 Florida Severability Memo

When an amendment to the Florida constitution, which has been approved by voters, contains a section that is inconsistent with the rest of the amendment, how can the inconsistent section be legally challenged and removed?

Response  prepared by Josh Clemons, Research Counsel, in March 2007. (PDF)



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 Lake Surface Water Rights

Who owns the surface rights to a manmade lake?

Response prepared by Josh Clemons, Research Counsel, in March 2007. (PDF)


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Living Shorelines

Shellfish Restoration and Alternative Shoreline Protection Policies of the Southeastern United States: Florida, Georgia, North Carolina and South Carolina.

Response prepared by Niki L. Pace, Research Counsel, in August, 2012. (PDF)


Questions from homeowners along Mon Louis Island about property rights issues related to a proposed living shorelines project by the Mobile Bay National Estuary Program.

Response prepared by Niki L. Pace, Research Counsel, in June 2011. (PDF)



Bullet
 Oil Drilling

Questions about proposed oil drilling in Grand Bay, AL.

Response prepared by Josh Clemons, Research Counsel, in February, 2005. (PDF)


Bullet
 Photograph Use on Websites

What are the potential legal problems with using photographs (especially of children) on websites to highlight Sea Grant Activities?

Response prepared by Josh Clemons, Research Counsel, in August, 2007. (PDF)



Bullet
 Public Access

Public Greenways and Alabama's Recreational Use Law.

Response prepared by Niki Pace, Research Counsel, in September 2011. (PDF)


Implementing a pedestrian greenway in Gulf Shores, Alabama.

Response prepared by Niki Pace, Research Counsel, in July 2011. (PDF)


Question about public/private status of oxbow lakes that were formerly part of navigable waters.

Response prepared by Josh Clemons, Research Counsel, in June 2005. (PDF)


White paper on Oxbow Lakes, questions from the Mississippi Department of Wildlife, Fisheries and Parks.

Response prepared by Josh Clemons, Independent Consultant and Former Research Counsel, in March 2011. (PDF)


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 Riparian Rights

An Alabama property owner requested research regarding riparian rights to construct structures along waterfront property in Alabama.

Response prepared by Niki Pace, Research Counsel, in August, 2011. (PDF)



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 Seafood Markets

Re: Anti-Trust Research on Catfish Cost of Production Model

Response prepared by Catherine Janasie, Ocean and Coastal Law Fellow, in January, 2013. (PDF)


Alabama Dept. of Public Health Regulation of Seafood Sales.

Response prepared by Niki Pace, Research Counsel, in September, 2011. (PDF)


Alabama Regulation of Seafood Safety and Sales.

Response prepared by Niki Pace, Research Counsel, in June, 2011. (PDF)

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 Sovereign Immunity

A question was posed about the sovereign immunity and discretionary functions in Mississippi & Alabama.

Response prepared by Niki Pace, Research Counsel, in February 2010. (PDF)


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Trees Over Navigable Waterways

Question about removal of damaged trees over navigable waterway.

Response prepared by Josh Clemons, Research Counsel, Mississippi-Alabama Sea Grant Legal Program, in August, 2007. (PDF)


Bullet
 Wetlands

A question about the Measurement of Setback Line asked by the Director of Community Development and Planning for the City of Ocean Springs.

Response prepared by Niki Pace, Research Counsel, in October, 2011. (PDF)


A question about the Wetland Mitigation Ordinance for the City of Orange Beach, Alabama.

Response prepared by Josh Clemons, Research Counsel, in April 2004. (PDF)



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