Archive | Title to Beach

A Funny Thing Happened on the Way to the Beach.

A long simmering dispute regarding the public’s use of the beach at Napeague, East Hampton culminated in a trial at Riverhead.  The homeowners landward of the beach brought suit against the Town of East Hampton and the Trustees of the Freeholders and Commonalty of East Hampton claiming ownership of the beach. Following a multi-day trial, the Court ruled in favor of the Town and Trustees and dismissed the action.  On appeal, the Appellate Division, Second Department reversed. 191 AD3d 77 (2021). But the proceedings are far from over since the… read more

Posted in Adverse Possession, Public Trust, Title to Beach
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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

Posted in Beach Access, Condemnation, Title to Beach
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