East Hampton resident, writer and local political activist, Steven Gains, wrote an interesting op-ed piece for New York Magazine that was published today entitled, “Who Owns The Sand? Beach Squabbles In East Hampton”
I highly recommend that you read it. Here is the opening paragraph.
From New York Magazine: You might have to watch where you put your terrycloth beach towel this summer in the Hamptons lest you trespass on some rich guy’s personal beach. The once unthinkable is happening — homeowners are trying to privatize the sand. Last month a Suffolk County Supreme Court decision concurred with gallery owner Floyd Macklowe and his wife Barbara’s contention that 22,000 square feet of the newly created Georgica Beach in front of their $26 million East Hampton home is an extension of their private property. And they’re not the only ones in court.
OK seriously? What is the court thinking? Here’s the law as it’s existed going back to Roman law from which it was adapted:
Ownership of Tidelands
“Tideland” is the legal term for all land beneath the waters of the ocean, including lands that are always submerged as well as those in the intertidal area (i.e., between the high and low tide marks). In every coastal state, the use of tidelands is governed by a concept in property law known as the Public Trust Doctrine, which dates back centuries to ancient Roman law. The doctrine states that all rights in tidelands and the water itself are held by the state “in trust” for the benefit of the public. In most states, this means that public ownership begins at the high water mark.” I seriously hope mother nature gets wind of this and removes not only the public beach these people are trying to claim but a good portion of the land beyond that – seriously discouraging news
My names is Gaines. Not Gains.
Sorry Steve!