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I have a question regarding riparia rights. Wisconsin zip…

Hello, I have a...

Hello, I have a question regarding riparia rights

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Wisconsin zip code 53072

Lawyer's Assistant: What steps have you taken so far?

None

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I am a current riparian rights owner in a Lake owners association which functions like a HOA. Thereare currently 11 members who own the land. 7 of us are from the original land granted the rights from 1993. The last 4 were granted the rights in 2004 and those 4 are in threat of losing their rights due to new zoning. They are now saying there should be a "lottery" of the 11 to see who gets 8 spots. The original 7 are saying that the las 4 added do not have that right, and are the first to lose their riparian rights

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I meant to start "I am a current Riparian rights owner"
Answered in 15 hours by:
4/26/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,016
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. You have every to contest the proposed new zoning. You made your purchase based on riparian rights. This would be considered a governmental taking and needs to be handle carefully and cautiously.

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Perfect. Have you spoken to a local land use Attorney?

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Customer reply replied 3 months ago
You didn’t answer my question. I was asking about riparian rights. I know that the government is coming for my property

Taking away your riparian rights is considered a governmental taking and becomes and eminent domain issue.

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N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,906
Experience: Since 1983
Verified

New Expert here.

There is a common law maxim of jurisprudence that states, First in time is first in right. That maxim applies across a lot of different areas of law, and my opinion is that the owners who were granted riparian rights in 1993 have priority to keep those rights as against later owners, but you need to consult a local attorney about this who can go over the facts and review whatever document is out there that is threatening the riparian rights you mentioned.

You can get a free consultation from some of the local land use attorneys listed here.

I agree with the prior Expert that this can present an issue of a taking of property by government agency that may result in an inverse condemnation claim. It also raises the issue of whether the government is trying to retroactively impair the rights and obligations of a contract, such as the HOA type agreement.

Please follow up on this with a local attorney.

I hope this infornation is helpful.

N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,906
Experience: Since 1983
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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