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7 Feb 2023, 7:15 am
The dispute raises questions about: whether oysters should be private property; whether coastal water bottoms should be open for private appropriation or kept as public commonses; how property in oysters and water bottoms should be reconciled with public interests in shoreline protection; why have an institution like eminent domain; and how nuisance principles should apply to a government-sponsored water diversion into coastal waters. [read post]