Beach Boundaries
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Are Beach Boundaries Enforceable Real Time Locational Uncertainty And The Right To Exclude
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Author : Josh Eagle
language : en
Publisher:
Release Date : 2018
Are Beach Boundaries Enforceable Real Time Locational Uncertainty And The Right To Exclude written by Josh Eagle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would severely impact businesses dependent on beach-goers and would force local governments to expend limited funds to purchase beaches. This Article explores the possibility that courts and the public can put an end to the beach privatization movement simply by pointing to the common law of waterfront property. Historically, both courts and scholars have ignored the challenging title issues created by the common law and, in particular, by the rules governing boundary relocation after waves, currents, tides, and winds have changed the shape of the beach. These rules make it impossible to know the location of public-private beach boundaries in real time, that is, at the moment the landowner wishes to use the boundary to exclude others from her property. The consequence of real-time uncertainty is that, as a matter of law, landowners do not have an enforceable right to exclude. The absence of this property right not only undercuts constitutional claims premised on its existence, but also leads to the conclusion that the public has the right to use the entire beach. The vanished right to exclude does, however, leave a vacuum. Because trespass rules are different for structures, a landowner could still use the law to keep people out of a beach house. However, if the beach is public, the landowner would be left without the ability to prevent uses, like raucous parties or truck races, that impinge on her ability to enjoy her home. In order to mitigate this problem, the Article concludes by recommending that courts or legislatures create a more stable exclusion line at the top of the beach, and grant each landowner the right to prevent unreasonable public use of adjacent beach areas.
Technical Memodrandum
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Author : Waterways Experiment Station (U.S.)
language : en
Publisher:
Release Date : 1989
Technical Memodrandum written by Waterways Experiment Station (U.S.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with categories.
The Significance Of Seasonal Beach Changes In Tidal Boundaries
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Author : Joe William Johnson
language : en
Publisher:
Release Date : 1970
The Significance Of Seasonal Beach Changes In Tidal Boundaries written by Joe William Johnson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Beaches categories.
Bethany Beach
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Author :
language : en
Publisher:
Release Date : 1998
Bethany Beach written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with categories.
Water Resources Investigations Report
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Author :
language : en
Publisher:
Release Date : 1985
Water Resources Investigations Report written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Hydrology categories.
Dictionary Catalog Of The Map Division
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Author : New York Public Library. Map Division
language : en
Publisher:
Release Date : 1971
Dictionary Catalog Of The Map Division written by New York Public Library. Map Division and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Dictionary catalogs categories.
Congressional District Atlas
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Author : United States. Bureau of the Census
language : en
Publisher:
Release Date : 1983
Congressional District Atlas written by United States. Bureau of the Census and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with categories.
Code Of Federal Regulations
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Author :
language : en
Publisher:
Release Date : 2016
Code Of Federal Regulations written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Administrative law categories.
Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.
Connectivity Conservation
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Author : Kevin R. Crooks
language : en
Publisher: Cambridge University Press
Release Date : 2006-11-02
Connectivity Conservation written by Kevin R. Crooks and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-02 with Nature categories.
One of the biggest threats to the survival of many plant and animal species is the destruction or fragmentation of their natural habitats. The conservation of landscape connections, where animals, plants, and ecological processes can move freely from one habitat to another, is therefore an essential part of any new conservation or environmental protection plan. In practice, however, maintaining, creating, and protecting connectivity in our increasingly dissected world is a daunting challenge. This fascinating volume provides a synthesis on the current status and literature of connectivity conservation research and implementation. It shows the challenges involved in applying existing knowledge to real-world examples and highlights areas in need of further study. Containing contributions from leading scientists and practitioners, this topical and thought-provoking volume will be essential reading for graduate students, researchers, and practitioners working in conservation biology and natural resource management.
Gambling Ships
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Author : United States. Congress. House. Merchant Marine and Fisheries
language : en
Publisher:
Release Date : 1932
Gambling Ships written by United States. Congress. House. Merchant Marine and Fisheries and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with categories.