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Old 09-17-2016, 05:02 PM
 
Location: NJ/NY
18,466 posts, read 15,247,690 times
Reputation: 14336

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Quote:
Originally Posted by Ultor View Post
The owners aren't stopping people from using the beach; they want to stop the city from basically building an 'alley' on their property.
I know. I read the article. That is why I said that the owners will likely lose.
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Old 09-17-2016, 05:27 PM
 
8,059 posts, read 3,944,421 times
Reputation: 5356
Quote:
Originally Posted by AnesthesiaMD View Post
I know. I read the article. That is why I said that the owners will likely lose.
I worded it poorly, the property in question belongs to the homeowner. Do you still contend the city can build their alley on private property without compensating the owner?
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Old 09-17-2016, 05:33 PM
 
Location: NJ/NY
18,466 posts, read 15,247,690 times
Reputation: 14336
Quote:
Originally Posted by Ultor View Post
I worded it poorly, the property in question belongs to the homeowner. Do you still contend the city can build their alley on private property without compensating the owner?
Maybe I read the article too quickly? Do they actually want to build an alley, or just keep the area clear of structures as a virtual alleyway for emergency vehicles? I read it to be the latter.
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Old 09-17-2016, 05:43 PM
 
8,059 posts, read 3,944,421 times
Reputation: 5356
Quote:
Originally Posted by AnesthesiaMD View Post
Maybe I read the article too quickly? Do they actually want to build an alley, or just keep the area clear of structures as a virtual alleyway for emergency vehicles? I read it to be the latter.
I forgot my " ". It's a virtual alley; but that is a distinction without a difference, the city will most likely ban homeowners and beach-goers alike from using it... all at homeowners expense.

Last edited by Ultor; 09-17-2016 at 06:10 PM..
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Old 09-17-2016, 05:45 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,347,290 times
Reputation: 8828
This battle has played out year after year along the coast. In the place where we have beach right property it gets even more complex. The area of our beach is being slowly eroded and can take vast damage in a hurricane. The problem is created by the erection of a harbor by the Corp of Engineers years ago. The way the sand flows our beach is being moved year by year to the other side of the harbor breakwater. The result has been the loss of entire properties...homes worth over a million dollars destroyed by the the erosion of the beach.

And the property on the other side of the breakwater continues to gain beach area...acres and acres. So who owns it? Well we got the mean high water thing again. So the CofE has basically destroyed one beach community to extend another. And this goes on all along the coast. Particularly the active coast.

So find a new cause. A mere easement is a fine detail of little other than local interest. And the problem is real. Beach access does provide value to a property. But an access easement between the dunes and high water? Let us hope no court is dumb enough to get into the middle of this one.
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Old 09-17-2016, 05:57 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,347,290 times
Reputation: 8828
Hey and you want real fun? Consider the south fork of Long Island. In the area just before you get to Montauk there is a low lying area with no real height above sea level.. Let us presume a limit hurricane hits the island and busts through to the sound. Montauk is now an Island and separated from the rest of NY by a federal waterway. And all the property along the new waterway is now waterfront.

Now what? Seal it all back up? Build bridges? Who gets to do what? Very neat guy named Dan Rattiner I believe suggested many years ago that Montauk should simply leave the union and go to self rule. So I did not think this all up. But what fun when nature screws around with the geograophy in big or even small ways...
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Old 09-17-2016, 05:57 PM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
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Quote:
Originally Posted by desertdetroiter View Post
The concept of a private beach has always confounded me. Private beach?
Yes. The land is privately owned, per deed and title, and taxed as such.
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Old 09-17-2016, 06:01 PM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
Reputation: 13709
Quote:
Originally Posted by middle-aged mom View Post
A title problem?

Easement?

How do you perfect a title when the high water mark is a variable, over time?

This is certainly not limited to NC.
The high water mark is legally defined as the average over a 18.6 year epoch.

Title problem? No. The land is titled and deeded as private property, and taxed as such.

Easement? No. There are no public easements recorded on the title or deed.

Privately owned property boundaries? Look at the following, drag the map up or down and you'll see what I mean:

DC GIS 1.0
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Old 09-17-2016, 06:05 PM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
Reputation: 13709
Quote:
Originally Posted by middle-aged mom View Post
You might want to redisclose you own beach front property.
What do you mean?

I linked a publicly disclosed property. It's not mine. Anyone can enter any address and pull up the boundaries. Tax records are public.
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Old 09-17-2016, 06:05 PM
 
Location: NJ/NY
18,466 posts, read 15,247,690 times
Reputation: 14336
Quote:
Originally Posted by lvmensch View Post
Hey and you want real fun? Consider the south fork of Long Island. In the area just before you get to Montauk there is a low lying area with no real height above sea level.. Let us presume a limit hurricane hits the island and busts through to the sound. Montauk is now an Island and separated from the rest of NY by a federal waterway. And all the property along the new waterway is now waterfront.

Now what? Seal it all back up? Build bridges? Who gets to do what? Very neat guy named Dan Rattiner I believe suggested many years ago that Montauk should simply leave the union and go to self rule. So I did not think this all up. But what fun when nature screws around with the geograophy in big or even small ways...
Dan Rattiner is a funny guy. I read his stuff all the time. Montauk used to be an island. They have found fish and whale fossils underground on the Nappeague stretch.

My summer house is in Amagansett, btw. You must spend some time out there if you know who Rattiner is.
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