Can property owners own the beach?

[ringding]

This may be a dumb question, but I have always been an inlander and have never lived near the ocean. I have wondered if all beaches are public or is it possible for a land owner to own the beach up to the point of the water?

 

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[Sandman]

This has been contested in court and I don't remember where to recommend you go to look this up. Different states have rules on this but generally they only own up to the high tide line, generally........ Fresh water lakes are a different matter however I believe.

 

[kenb]

High tide line in New York as well

kenb

 

[LEO037]

Theres alot ofprivate beaches here in Florida.

If you are on private beaches you are trespassing, and it is illegal.
Rich home owners can buy parts of the beach in certain areas.
Not in Miami Beach or anywhere along collins though.
Small islands are almost all owned by some private organizations.
Hey, if you can swing by, then "Swing By".
Peace

 

[frogsmile]

there was a law suite last spring over who owned gem beach. the people who owned the property were trying to keep every body even the condo owners off of the beach. the court said they only owned the beach up to the high water mark and they could not keep people off. this beach is in ohio on lake erie.

 

[JP]

I don't know if this article is too old (1999). It seems to state that here in Florida, public rights outway those of private beach front owners. http://www.law.fsu.edu/journals/landuse/Vol151/spain1.htm

 

[Jeffro]

Its up to the State, and each is different. Here in Oregon, the beaches were classified as "highways" years ago. No one can own them.

 

[Ocaliman]

Here is my .02 in reference to ownership of beachfront property. Property owners have, at least in the State of Florida rights to their property to the waterline. These are called "Riparian Rights" or "Littoral Rights" of Ownership. Riparian means riverfront property and Littoral is lakefront property. A guy in my club told me years ago that the owner of a pay-to-use swimming beach that dates back to the turn of the century at the lake nearby chased out a detectorist who was hunting in the water out from his beach. The TH'er had found quite a bit of stuff, including some old silver and jewelry before the guy came at him with a butcher knife. I also heard that the property owner tried to confiscate the TH'ers loot before he left, claiming that he was intitled to the finds since it was on "his" property, that it was found.

The land under water in Florida belongs to the state, and I have checked with both a Sheriff's Deputy and a FWC officer to make sure it was legal to hunt this lake without any restrictions.. Both gave me the green light and I will be hunting this beach FROM MY BOAT with dive gear this summer.. I don't like confrontations, but if this jerk gives me any trouble, I will be calling the law and have his butt hauled off to jail.

 

[Silvestri]

This question has been one of great interest for me as well.

Though not particularly helpful, this is what I have been able to gather from different sources...at least with regard to

saltwater beaches and estuaries but not including lakes or ponds.

The mean high tide line has been the accepted beach boundary between public and private for a while. Just where

this line should be delineated is apparently up for extreme debate. Scientists seem to agree however that this average

level of high tide mark has to be computed using data over the previous 19-year lunar cycle. Scientists quoted in a

recent sarasota herald-tribune article (see saturday may 13,2006 archive) say that it is almost impossible to compute

this "mean high tide " mark. For example, If you tried to compute the mean high tide mark for Ft. pierce, Fla, you would

have to factor the huge surge levels caused by the two major hurricane landfalls in that near vicinity in the last couple

years. This would make the mean high tide mark alot higher in Ft. pierce due to these storm surges than in some place

where no hurricanes or storms had come ashore. the herald-tribune article quoted some local police who said they had not

issued any citations or arrests in 18 years concerning beach trespassing because there simply is little hard evidence that

would hold up in court concerning this type of trespass.The article also said....well screw it..I'll stop being lazy and

unscholarly and find the thing!......dammit...it's gone to the paid archives..well..maybe one of you out there has access to paid

archives...it was in the letters to editor section of the above edition of the sarasota herald tribune, may13 06. the artcile went on

to quote the sarasota police as saying they only enforce when someone comes really close to private property as in being almost

in their backyard.

Personally, since the beach is part of a large littoral system which begins off shore and ends in

the dunes inland, sometimes quite a ways inland, i will be detecting and walking on any beach as long as I stay off the dunes!!...

 

[Silvestri]

here is part of an article in may 13 sarasota herald tribune:




" Figuring out where the public part of the beach ends and the private part begins is really easy to figure out. If you're an engineer who specializes in the field, that is.. All you need is 19 years of high-tide data for the nearest large city. In this case, Tampa. Then you get an engineer to adjust it for you using samples for the local area. And, voila! you have it -- the "mean high tide line,"