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Council Approves Property Seizure for Beach Access
#9
One cannot own the beach (and I would assume that the normal high tide is the upward boundary). One can no more claim the ownership of the beach than one can claim ownership of the sky. In theory at one time one could claim the sky to effectively an unlimited height, so supposedly if one owned property directly under the Andromeda Galaxy for the moment one 'owned' the galaxy itself. Then came air travel, and legal decisions were made that denied one the right to charge a toll for crossing over one's property. One cannot own a navigable waterway; it is public domain. This is likely the heritage of the English common law.

Easements are not the choice of a property owner. One gets them back only if others abandon the easement. So if I own some farmland and I authorized (or was obliged to authorize) a public utility to use a swath of property for access for a power line or a pipeline I could not demand its return and get its return. If the utility abandons the easement permanently (for example, removing the power line or pipeline without replacement) then the easement might revert to me. Or... suppose that the easement is the former right-of-way of a road that has been abandoned due to a realignment. Maybe as a property owner or the heir of one who was reasonably expected to give access for the road I get it back.

The easement is access, and there is obviously a clear path for access to the beach. Perhaps as the owner of the abutting property I could install a vending machine (soft drinks, snacks, suntan lotion, and other such things for profit).
The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated Communist  but instead the people for whom the distinction between fact and fiction, true and false, no longer exists -- Hannah Arendt.


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RE: Council Approves Property Seizure for Beach Access - by pbrower2a - 01-30-2021, 12:31 AM

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