Here’s why private property can become the public’s beach, NC

Posted In Erosion, Inform, Sea Level Rise
Sep
15

sand-steps
Photograph: © SAF – Coastal Care

Excerpts;

Unknown to many residents and tourists is the potentially pesky fact that property lines for most oceanfront lots extend well onto the dry sand beach…

Read Full Article, The Outer Banks Voice (09-13-2016)

A Judicial Affirmation of the Public’s Common Law Right to Use All of North Carolina’s Dry-sand Beaches, Legal Tides (02-10-2016)
In Nies v. Town of Emerald Isle, Nov. 17, 2015, the North Carolina Court of Appeals unqualifiedly held that the “ocean beaches of North Carolina … are subject to public trust rights.” This case means is that all the dry-sand beaches, whether natural or nourished, are open to public use for purposes related to the enjoyment of the State’s ocean waters and shorelines. Private oceanfront landowners cannot exclude the public from any portion of the dry-sand beach even if the private landowner’s legal title includes the dry- sand beach. Until the Court’s decision in the Nies case, no North Carolina court opinion directly addressed the question of whether all dry-sand beaches of the State were, in fact, open to public use…

Disappearing beaches: a line in the sand; ABC News (06-07-2016)
The forces chewing away at the nation’s beaches are only getting worse as climate change fuels rising seas…

Protect South Carolina coast: No retreat from ‘line in the sand’, The Post and Courier (02-02-2016)
South Carolina faces an historic opportunity this legislative session, with a vote on the floor likely in the coming weeks. The time could not come soon enough, as our coastal communities face record-breaking storm surges, sea level rise, and flooding events…

Drawing a Line In The Sand In Malibu, CA, CNN (09-06-2015)
As it nears its 40th year, the California Coastal Commission is stepping up its efforts to make California’s coastline accessible to everyone, not just those who can afford to hoard the view. In theory, a person could walk along the water for the length of California, from the Oregon state line to the Mexican border, without setting foot on private property…

Shifting Sands, Shifted Rights: The Beach as Contested Space; UF Law (01-28-2016)
Determining rights to Florida’s sandy beaches has presented a thorny set of issues. But for many years, the public and private interests have co-existed. Now, along with population growth, sea level rise and relentless erosion have become an uncomfortable reality. The infinite variety of scenarios that sea level rise is presenting and will present along the coast will challenge our legal system in many ways…

Reuters’ Water’s Edge Report Part I & Part II (09-19-2014)
Despite laws intended to curb development where rising seas pose the greatest threat, Reuters finds that government is happy to help the nation indulge in its passion for beachfront living…

Developers don’t get it: climate change means we need to retreat from the coast, Guardian UK (15-03-2016)
It is preposterous to build in areas that are bound to flood. So why are real estate companies still doing it?..

“The Beaches Are Moving,” A Video featuring Orrin Pilkey, PhD
World famous coastal geologist Orrin H. Pilkey takes us to the beach and explains why erosion has become a problem…

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