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I understand your frustration, IC. having a stranger's family picnic loudly in your backyard and leave trash on the beach is very invasive and rude. however, the law is the law and waterfront property ends at mhw mark.
100% correct.
Quote:
Have you considered blasting music, mowing the lawn, or holding your own disruptive, crowded, rude picnic and setting it up right next to the rude strangers on the beach?
also, call the police every time someone is doing anything illegal: drinking from glass bottles, urinating in public, or trespassing one step onto your private property.
The police won't respond. They think privately owned dry sand beach is public property. This town relies on tourism for its livelihood. None of the local officials will discourage the public, even when they're trespassing on privately owned land.
100% correct.
The police won't respond. They think privately owned dry sand beach is public property. This town relies on tourism for its livelihood. None of the local officials will discourage the public, even when they're trespassing on privately owned land.
If the police won't enforce existing laws, perhaps you and your neighbors need to organize and petition city hall for help. One thing I've learned over the years is the squeaky wheel does get the grease when it comes to government interventions. don't know what else to suggest other than those I've offered already. I understand your frustrations and sympathize.
Unfortunately, many govt. In USA is partly theirs, and they severely restrict what owners do with or on their own land. Unjust in my book, but every land owner needs to consider this.
I'm the OP. There is no public use easement recorded on the privately owned property, and no public use of privately owned property local or state law. Now what?
Sorry, had my wavelengths mixed there.
So - were the conditions for public access to the beach known (or easily found out) by you when you purchased the property?
SO you wouldn't care if I came into your backyard, stretched out a chair, opened a few beers and hung out while you and your family were having Sunday Breakfast? I'll clean up after myself. Glad to know, and glad to know I don't even need to let you know I'm there, because "It's everyone's", including mine.
I would care, but Democraps don't. At least, that's what they tell you.
If the police won't enforce existing laws, perhaps you and your neighbors need to organize and petition city hall for help. One thing I've learned over the years is the squeaky wheel does get the grease when it comes to government interventions. don't know what else to suggest other than those I've offered already. I understand your frustrations and sympathize.
There have been two state court cases. In both cases, local authorities settled out of court to avoid having a definitive ruling declared. Such litigation must be pursued by each and every one who challenges the public use of privately owned land policy. One plotted and recorded parcel of land at a time. It's very expensive to have one's own legal rights recognized and enforced.
If the police won't enforce existing laws, perhaps you and your neighbors need to organize and petition city hall for help. One thing I've learned over the years is the squeaky wheel does get the grease when it comes to government interventions. don't know what else to suggest other than those I've offered already. I understand your frustrations and sympathize.
Or go picnic on the city side of their property and leave your trash behind.
So - were the conditions for public access to the beach known (or easily found out) by you when you purchased the property?
No. The only applicable law is the mean high water mark (19 year epoch average) private property boundary, as is true in most coastal states with the exception of a few such as VA and MA and a few others which legally recognize the private property boundary as the mean LOW water mark.
No, and there is no such current law. There's just a "determination" made by a state government regulatory agency.
You see, if there was an actual law, the state would have to pay the property owners their 5th Amendment just compensation for taking privately owned land for public use. No actual law means the state doesn't have to pay.
Then.
Sit down for this.
Believe it or not.
I think you are correct.
Yea I know. Shocking.
I am a huge NON fan of ex post facto.
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