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Directories Int'l Realty US Realty
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Life is a Beach, Again Stuart Lieberman, Esq., Our free beaches are under attack. All over the United States, developers and municipalities are either privatizing or heavily regulating many valuable beach areas, making it harder for the general population to use the beaches. While our beaches are natural resources that should be available just for the asking, its becoming harder and harder for many people to have a day at the beach. For this reason, the recent New Jersey Supreme Court decision in the Raleigh Avenue Beach Association case is very important. At issue in that case was the right of a private beach owner to charge $700 for a season beach pass. For many years, access to the private beach was free in the Diamond Beach portion of New Jersey, where the only reason people live there at all is to enjoy the shore . When prices climbed to $200 for a season pass people did not complain. But when they rose to $700, the fight began. And now the fight has ended and the people have won. Recently, the New Jersey Supreme Court held that the private beach owner is obligated to allow the general public onto the beach . Moreover, the $700 fee was held to be illegal because it effectively precluded the general public from using the beach. (most public beaches charge $30.00 or less for a season tag.) According to the Court, a more reasonable beach fee had to be adopted which took into account the cost of providing life guard and related services. The State Department of Environmental Protection assessed that at $55 a season, a far cry from $700. Why is this important to every reader? It is important because the New Jersey Supreme Court is generally well regarded in this Country. Often, what happens in New Jersey is a strong indication of what might happen down the road through the rest of the United States . And the case is important in light of increasing development pressures along our shore lines. As development continues, the gap between those with access to our beaches and the rest of us widens -- the haves and the have nots. The Raleigh Beach Association case was decided under an ancient doctrine called the"public trust doctrine." Under the public trust doctrine, the public has a right to use and enjoy natural resources such as the ocean. This right cannot be taken away even in instances where it is necessary to cross private property in order to enjoy the ocean. And in certain instances, the public even may use and the private sand beach as well. In time we will learn whether the public trust doctrine will be applied in the same manner through out the Country. I certainly hope that this does happen. The ocean is a scarce resource that belongs to all of us. It cannot be monopolized by the elite to the detriment of the rest of us.
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.
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