Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Yes, but the access that the statute is protecting is TO the seaward portion...hence the issue.
I get that. However, it does NOT allow the public use of privately owned dry sand beach absent any public use easement, hence the following easement map (as an example):
Unless I'm misunderstanding the diagram, I don't see why there is distinction between wet and dry sand. How could you have ONLY dry sand? At some point it becomes wet sand.
Not true. This diagram illustrates the difference:
Most people have no knowledge of or interest in the minutia of real estate statutes or hearsay "regulatory policy" pertaining to beaches. I initially viewed this thread as being more philosophical about what should be, as opposed to this is how it is....just because it's always been that way.
Having no interest in the latter approach, I say again that it makes no more sense for there to be public access to any portion of private beachfront property than for there to be public access to your backyard in Elko, NV. And no one has made a persuasive big-picture argument for public beach access because there isn't one.
Emergency scenarios and government personnel charged with public safety are not the public. When and where lives are at stake, it is understood and accepted that emergency personnel are going to go where necessary....whether it be on a coast or in Promontory, Utah. Those scenarios are thus irrelevant to this discussion.
Most people have no knowledge of or interest in the minutia of real estate statutes or hearsay "regulatory policy" pertaining to beaches. I initially viewed this thread as being more philosophical about what should be, as opposed to this is how it is....just because it's always been that way.
Having no interest in the latter approach, I say again that it makes no more sense for there to be public access to any portion of private beachfront property than for there to be public access to your backyard in Elko, NV. And no one has made a persuasive big-picture argument for public beach access because there isn't one.
Emergency scenarios and government personnel charged with public safety are not the public. When and where lives are at stake, it is understood and accepted that emergency personnel are going to go where necessary....whether it be on a coast or in Promontory, Utah. Those scenarios are thus irrelevant to this discussion.
Agree 100%. That's why many are watching the SCOTUS Knick v. Township of Scott case.
There is no historical public use. If there had been, that was erased by the legal recording of private property deeds with the corresponding plats of survey that didn't list any public use easements. No one has ever legally challenged that regarding my property or that of anyone else I know, locally.
When did your municipal government issue the policy? Obviously, the public is aware of it, given the public uses private beach front property.
How does the public access your beach?
Sound like the state does not require sellers to disclose.
Sounds like your agent ( if used ) did not disclose.
Sounds like your closing attorney ( if used) did not disclose.
When did your municipal government issue the policy?
It's not my municipal government, it's a hazy "policy" declared by a state agency in 2015. They're calling it "common law." It isn't an actual state law. It's likely to get challenged, again, as several areas have begun charging fees for a permit to drive on the beach, off-season. That's going to be a problem when municipalities, counties, etc., charge people fees to use someone else's privately owned property. The Emerald Isle case delved into that issue, but was dropped before it made it to the NC Supreme Court when the owners sold the property. The defendants (government) then moved for dismissal and it was granted.
Quote:
Obviously, the public is aware of it, given the public uses private beach front property.
How does the public access your beach?
They trespass on private property. There is no other way to get there. The town I live in (very small) maintains no public roads (they're all either state-owned or privately owned) and no public beach access points. That's also, by the way, why there are no public restrooms at or near the beach, and no waste cans or municipal waste pickup on the beach. We also have no lifeguards in my area.
Wow! Just looked at how much the local government's 4WD beach access permit costs (the 4WD access point is a few miles north of me, not here). $50 for a 10-day (consecutive) pass, and $150 for a seasonal pass... to drive and park on someone else's private property.
I can see charging a 4WD beach access fee at the National Park south of here, but how in the hell can local governments get away with charging the public fees to drive and park on someone else's private property?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
