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  1. #11
    Join Date
    Jan 2009
    milton delaware
    Quote Originally Posted by cresto4 View Post
    this got me wondering in a different direction - air access: do I own the airspace over my property? how high up? to the tops of the trees? could a helicopter hover inches above my yard and claim it's not on my property?
    A real estate appriaser once told me when you buy real estate you buy a "bundle" of rights.

    Land Rights
    Air Rights
    Mineral (ground) rights

    i.e. The subway system can go right beneath property you own, but cannot disturb your property, come high enough to damage your wells, septic etc.

    you dont own an infinite amount of air above your property, but if a local airport wants to allow low aircraft flights paths right above you, and this condition didnt exist when you bought the property they may purchase a noise easement to reflect that they have diminished your "bundle of rights" when they begin such operations.
    Last edited by mitchell; Jul 17, 2012 at 06:52 PM.

  2. #12
    Join Date
    Dec 2008
    MB 07750
    When did this change in the Northeast, and why did public beach access advocates lose their hand?
    there are lots of different agendas at cross-purposes here
    - the people who just want to spend a day at a guarded clean beach with friends and family and not have to spend a hundred bucks for the privilege;
    - the people who remain here on Mondays who have to pay people to clean up after the large numbers in the first group who leave their fast food wrappers, beer cans, broken chairs and umbrellas, empty lotion bottles, fish hooks, water bottles, ripped clothing, old towels, etc. etc., on our lawns, parking lots, beaches when they leave on Sunday

  3. #13
    Join Date
    Aug 2010
    In my opinion, the entire beach (yes, even past the high water line) should be public property. Unless the beach front homeowners are using money out of their pockets to "replenish" the beach, the land is rightfully open to the public. Where do you think the money for these replenishment projects come from? Everyone's tax dollars, not just the beachfront home owners. And that doesn't only apply to replenished beaches. We pay for the maintenance of the entire beach including the sand right in front of those houses. Here's a quote that clearly spells everything out, take from this article: "Under the Public Trust Doctrine, a legal concept adopted by New Jersey that dates to the Roman Emperor Justinian, the public has the right to swim in coastal waters and walk along shores."

    Also, I'm not completely sure about this, but aren't those "private lane" signs all along the north end of LBI totally bogus? Those driveways lead to multiple homes and aren't private property if I'm correct. I've read conflicting arguments about this but it seems like you legally can access the beach from them.

  4. #14
    As you all are making quite clear the right to access is a complex one. Let me say up front I am not at all in favor of any private beachfront ownership. As is the case, and has some have pointed out, this often becomes an issue that divides across class/income lines. That is the reason I wish we could get strong state and even national leadership on access issues. We (taxpayers) should not be paying to protect private property. I liked the NJ proposed access guidelines that were to go in effect prior to the present Governor. Those guidelines made it clear that there was to be access every 1/4 mile, that access included parking and some facilities. Unfortunately the Christie administration decided not to follow through on those preferring to hold hearings (last year) and than basically ignore public wishes proposing new guidelines that leaves access to the towns. What a mess. We all need to continue to work for reasonable access, vote for candidates that support our views, show up at meetings and hearings etc etc. Run for office in your town, become a leader, get active in a group that works on behalf of access. Control what you can, do what you can! Don't wait for someone else to do it. It's easy to criticize but much more difficult to get involved. As I've said many times "if you are not taking action as part of the solution you are part of the problem". Years ago Surfrider and SEA gave out bumper stickers that read "I surf I vote" in beach communities surfers can be the difference in an election. Step up.

  5. #15
    Quote Originally Posted by LBCrew View Post
    Bill... I have great respect for you and thank you for all you've done for the surfing community over your many years of public service. But to continue this discussion, I would argue that there's "right and wrong," and there's "what's been decided by the courts," and they're not always the same, particularly on this issue, IMO. Maintaining beach access at Ocean Lane was a HUGE victory. But just up the road, a "Private Property" sign hangs on a gate that is an official public access point. If I'm wrong, please let me know; but I'm pretty sure I'm right. Beach access through Sea Bright is a joke, and everyone knows it. Without parking, access is limited and that issue has never been addressed. Amazing how taking private homes and property in Long Branch to build Pier Village is acceptable, but taking private property in Sea Bright to provide beach access, parking, amenities, etc.... well... nobody's going to TOUCH that issue.

    My point is that a lot of important gains have been made, thanks to you and others who have fought the good fight on the issue and upheld our rights. But much more work has to be done.
    I am agree with your discussion and i would like to say that it's a one of the great effort. And definitely it will help all the society.

  6. #16
    Join Date
    Apr 2011
    Central NJ
    Being from NJ....When I moved to Hawaii, I was shocked to learn all beaches are public. Plus, badges needed. Another description of paradise.
    But, on the other hand, if I owned that 60 million dollar house on Kahala Beach. Im not sure if I would feel the same way. But,....I don't have that problem.
    Then I went to Austrailia. They did it the right way. No issues.
    The topic is a can of worms in the USA. NJ seems to take the lead when making things difficult.