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Archive | Beach Access

November 10, 2020

How Do I Get to The Beach?

The Hawaii Tribune Herald reported that the Hawaii County Council passed a resolution to take a portion of Papaikou property through eminent domain in order to provide public access to Mill Beach. An earlier attempt to condemn the access was dismissed on technical grounds. Hawaii law guarantees public access to the ocean and shorelines.  The owners will challenge the case. Beach access is a subject we follow closely.  I represent the Town of East Hampton as Special Counsel.  We are awaiting the decision of the Appellate Division, Second Department in… read more

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Posted in Beach Access, Condemnation, Title to Beach
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October 15, 2018

HOW DO WE GET TO THE BEACH? PART II. MARTINS BEACH v SURFRIDER FOUNDATION

I first wrote about this subject in our blog dated May 21, 2018.  The United States Supreme Court denied certiorari on October 1, 2018 to Martins Beach 1, LLC v Surfrider Foundation, _____ U.S. _____, 2018 U.S. LEXIS 5704.  The Court refused to hear an appeal by an owner to overturn a ruling that a beach access path must stay open. The access to the beach was located near Half Moon Bay, California.  The property never had public access.  The beach could only be accessed by driving down a private… read more

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Posted in Beach Access, Per Se Taking, Public Trust Doctrine
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May 21, 2018

HOW DO WE GET TO THE BEACH?

Our Hawaiian friend, Robert T. Thomas, brought an Eleventh Circuit Court of Appeals decision to our attention.  The case, Chmielewski v The City of St. Pete Beach, was decided on May 16, 2018.  Robert writes an excellent blog, inversecondemnation.com.  The blog must be considered mandatory reading for anyone interested in eminent domain. In the Chmielewski case, the Court affirmed a jury verdict in favor of a property owner who asserted that the City’s invitation to the public to access the beach by way of the owner’s privately-owned land was a… read more

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Posted in Beach Access, Easements, Title
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