"Preserving our Natural Resources for the Public, instead of from the Public."
Public Parking, Public Beaches and Public Rights of way. ...

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Fishing Beach 6th' Street

PUBLIC RIGHT OF ACCESS  TO BEACHES
By: Matthew Ranelli, Associate Attorney 99'

   HELP IDENTIFY AND STOP MORONS WHO CLOSE OFF BEACHES TO THE PUBLIC!!!

It's sad to have to start a topic as happy as beaches on a sour note, but we must say that the beach access on the Eastern end of Rockaway is a disgrace. Blocks after blocks of beaches are inaccessible due to a scheme by that community and some private home owners associations to keep the unwashed masses out. State law and centuries of legal practice recognize that the beach from the high tide mark to the water belongs to the public. Today, that even includes some of the dry sand above the high tide mark. However, the right of access to that public property is a matter of dispute. We own the beach, but can't get to it because of parking restrictions, locked illegal fences and the utter lack of places to cross the dunes. Signs on the Eastern Beaches even goes so far as to claim they have private beaches.

We need to protest this arrangement at every opportunity. If it becomes too entrenched, we will loose the right of public access forever. Rest assured that your tax money goes towards maintaining the roads and providing the other services that allow people to live on the Eastern end. Also know that when the beach is threatened, the communities so disdainful of the public will be looking towards public revenue to finance whatever type of beach erosion control is popular at the time. Don't let a privileged few take what belongs to everyone. Write your elected officials and let them know where you stand.

On a happier note, it has been pointed out to us that some home owners put a great deal of effort into keeping public access to the beach; we salute their efforts and sacrifices.

Things to come:  Studies are underway to help solve some of the coastal recreation problems, such as, access to the beach, access to water, handicapped access and marina shortage, also a need to increase offshore fish habitats to improve offshore fishing.  Even though New York and New Jersey have open beach law, the problem is how to get to beaches through the adjacent private property.

A regulatory taking occurs when the government's application of the law to a particular landowner denies all economically beneficial use of his or her property without providing compensation. Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886, 2895 (1992). However, not every limitation on the use of private property will constitute a "taking." For instance, the government "assuredly (can) ... assert a permanent easement that (reflects) a pre-existing limitation upon the landowner's title." Lucas, 112 S.Ct. at 2900. Furthermore, conditions may be placed on development without effecting a "taking" so long as the conditions bear an "essential nexus" to legitimate state interests and are "roughly proportional" to the impact of the proposed development. Dolan v. City of Tigard, 114 S.Ct. 2309, 2317-19 (1994).

The Public Waterfront, including parks, esplanades, piers, street ends, vistas and waterways that offer public open spaces and waterfront views. GATEWAY NATIONAL RECREATION AREA ACT, 1972

No Fishing Zones Threaten Recreational Anglers

CCA’s Position on Marine Protected Areas/No Fishing Zones 

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