Puerto Rico's Coast: Preservation through Positive Obligations on Property Owners and the State in the Context of Climate Change

Authors

Jaime Villeta-Garcia, University of BarcelonaFollow

Abstract

The rise in sea level, the obvious rampant coastal erosion and the uncertain future due to climate change urge the need to rethink the coast, through property and administrative law. The security of life, property and the fair and orderly use of the ultra-valuable resources that is the coast depend on a new concept for properties in the coastal zone and its effective execution by a conscious and responsible State. Centered on the community of Ocean Park in San Juan, Puerto Rico, it’s no longer a question of whether coastal property rights can contribute to safeguarding the coast, but rather of determining how it should do so. This is achieved through the expansion of the social function of property and the State's duty of due diligence for the imposition of coastal obligations to preserve the beach and the coastline. Guided by the principles of good administration -analyzed and expanded by European Courts- the State must reconceptualize its obligation via legal provisions that in the face of climate change have the necessary tools to preserve, maintain the beach and impose natural based mitigation strategies.

First Page

2

Last Page

22

Recommended Citation

Villeta-Garcia, Jaime () "Puerto Rico's Coast: Preservation through Positive Obligations on Property Owners and the State in the Context of Climate Change," Journal of Comparative Urban Law and Policy: Vol. 7 : Iss. 1 , Article 2, 2-22.
Available at: https://readingroom.law.gsu.edu/jculp/vol7/iss1/2