How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brent Blanchard Your Own Question

Brent Blanchard
Brent Blanchard, Attorney
Category: Legal
Satisfied Customers: 1905
Experience:  Twelve years of experience in estate planning and probate, consumer bankruptcy, and business law.
Type Your Legal Question Here...
Brent Blanchard is online now
A new question is answered every 9 seconds

RA-ml

Customer Question

There are two legislative Acts which conflict with each other, one is the Environmental Protection Act and the other is a Canal Commission with the right to restore the land and water areas and structures of the old canal as an Heritage park.

The EnvironmentalProtection works through the local Conservation Commissions each of which have different interpretaions of their responsibility and authority. They claim the
man made canal as waterfront and cannot be cleared and each tree growing by the canal cannot be cut down. You cannot restore the canal.

How can this be resolved once and for all the canal Heritage Park communities?

T. Raphael
Submitted: 1 year ago.
Category: Legal
Expert:  Brent Blanchard replied 1 year ago.
Thank you for your question. Sorry to hear about the conflicting requirements.

IF they are both from the same lawmakers, the later-in-time enactment usually controls. This is because judges presume (until and unless proven otherwise) that the legislators are aware of their earlier actions, and something done later which conflicts is concluded to be an intentional action superseding the earlier enactment.

But this are of law is full of Swiss-cheese like exceptions and exclusions and other elements that CAN get very confusing without a few hours of legal research specific to that level of regulation. One of these is how not all of the rules apply if the conflicting laws are from different sources--state legislature is generally supreme over county ordinances, for example, same for federal vs. state enactments *especially* if the federal is so "comprehensive" as to "pre-empt" local state laws...UNLESS like the Clean Air Act, state action is pre-empted ONLY as to making the standards LESS stringent but states can make them MORE stringent (California smog standards for motor vehicles, for example).

Reading the "fine print", so to speak, in laws authorizing local governance entities like a canal park commission often will reveal whether their rules are supposed to be subservient to other conflicting laws like state-level environmental protection schemes, or supplemental to them.

I would expect that to take at least an hour of legal research, perhaps up to three.

Thank you.

BAB.
Expert:  Brent Blanchard replied 1 year ago.
I'm sorry that you rated this answer as "poor service". Did you find anything inaccurate there? Please let me know if you did.

At this point, I cannot say anything more because I do not have the enactment dates for the two conflicting rules that you cite.

If you wish to add any more information to help this out, or need clarification, please post here. I will be out for about two hours but will return.

Thank you.

BAB.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.