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Hypothetical... You own property abutting a state road. Should your neighbor who lives behind you have the right to drive his car through your privately owned yard to get to the state road merely because your land abuts the publicly owned state road?
You're discussing easements, perhaps via eminent domain. Whats the question exactly? Its part of our current law, and it really depends on the details. You will be compensated for it in most cases if it does occur.
Incorrect. In a majority of states, the publicly owned beach is only the wet sand beach. That is, only the area of the beach seaward of the mean high water mark line. Potentially, that means there is no non-submerged public beach at high tide.
The dry sand beach is private property in all but only Oregon, Texas, and NJ as far as I know.
I live in Oregon
That being said, its more complex then you indicate even in other states. This article is a good indication of how complex: Bar Journal Article
You're discussing easements, perhaps via eminent domain. Whats the question exactly?
This: You own property abutting a state road. Should your neighbor who lives behind you have the right to drive his car through your privately owned yard via a "taken" easement to get to the state road merely because your land abuts the publicly owned state road?
Easements raise a murky area of the law regarding the legal liability for injury or death that occurs on a "taken"easement on privately owned property (perhaps via eminent domain) which is used as a public accessway or for public use against a private property owner's wishes.
That being said, its more complex then you indicate even in other states. This article is a good indication of how complex: Bar Journal Article
Legal liability is the big issue. Government CANNOT force private property owners to assume the involuntary legal liability that results from the "taking" of private property to use as a public easement when the easement property is still privately owned, such as is abutting oceanfront property including dry sand beach in all but Oregon, Texas, and NJ.
Again, I ask, would you want people in your backyard?
I asked the hypothetical question none of them would answer...
You own property abutting a state road. Should your neighbor and everyone else who lives in the neighborhood behind you have the right to drive his car through your privately owned yard via a government "taken" easement to get to the state road merely because your land abuts the publicly owned state road?
Ownership of land is a creation of governments, existing only where there is enough threat of violence to force acceptance of the claim. No one truly "owns" the beach or anywhere else for that matter.
I asked the hypothetical question none of them would answer...
You own property abutting a state road. Should your neighbor and everyone else who lives in the neighborhood behind you have the right to drive his car through your privately owned yard via a government "taken" easement to get to the state road merely because your land abuts the publicly owned state road?
They didnt answer because its a extremely complex question that varies from state to state. Virtually no one has sufficient knowledge to answer your question outside of an attorney that specializes in it. Some folks might be able to answer with their specific experiences.
And it also varies on if the state, the county, or the city is involved.
Ownership of land is a creation of governments, existing only where there is enough threat of violence to force acceptance of the claim. No one truly "owns" the beach or anywhere else for that matter.
Then no one should be paying property taxes, including the astronomically huge property tax bills oceanfront property owners pay.
Say goodbye to public schools, police, fire, rescue, etc., etc.
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