| With the current boom of beach
development, high-rises, and condominiums, it's getting harder and harder
to find a place to enter the beach.
Personally, I think it's capitalism taken ad
absurdum. How can anyone claim they "own the beach" up to
the shoreline, and keep people from walking across "their
property"?
So in the interest of one or two people, many
others don't have the joy of taking walks along the beach?
I wonder why there hasn't been more of an
uproar. After all, especially when you look through personals, long
beachwalks and sunsets are favorite activities of almost everyone.
Of course, people should be able
to take hour-long walks along the beach, without encountering fences (or
orange cones). The law supports this. As it turns out, at least here in
Florida, you don't own the beach up to the water, even if
you own beachfront property. I read a very interesting (and reassuring)
article in the Destin Log dealing with these issues.
The Destin Log did an outstanding job
digging out the details, so I took the liberty to post some excerpts here.
I think these important facts aren't known enough, and the more people are
ignorant about the law, the more the feeling will propagate that someone
can buy a piece of the beach and disallow the public from walking along
the shoreline.
Here's an excerpt from the article:
"During the ongoing
beach debates, a common refrain from some Gulf-front owners is: 'I own to
the water's edge.'
Florida State University
College of Law professor Donna
Christie said some deeds do purport to give the owner of beachfront
property title to the water's edge. 'The state Constitution does trump the
language in those deeds,' Christie said about language in the constitution
reserving the shoreline as sovereign land. 'Basic property law holds that
you can't sell more than you own. And the water seaward of the mean high
tide line is held by the state in trust for the public.'

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