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Health Can Pinellas really keep people off the beaches during the pandemic? Invisible property lines between public and private beaches pose problems for law enforcement. Officials will spend the next two weeks figuring it out. Stories about the coronavirus pandemic are free to read as a public service at tampabay.
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But on Thursday, a majority of county commissioners feared the potential catastrophic risks of not acting quickly enough, given that COVID cases locally and across the U. The closure of all public beaches in Pinellas, including Clearwater Beach, will be in effect until April 6. The Pinellas County Commission will then decide whether or not to extend the emergency order. On Clearwater BEACHE, hoards of beachgoers have begun to disperse.
On March 14, Clearwater police data shows 50, vehicles drove over the Memorial Causeway bridge, 20 percent more than any day last year. By Thursday, the of cars on the bridge dropped to 28, which is an 11 percent decline compared to the same day in Parking lots that primarily serve the beach will PRIVTE blocked while parking areas for businesses will remain open.
But the city is largely relying on messaging to discourage people from coming to the beach in the first place.
If officers see visitors on the sand, the strategy is verbal enforcement, Slaughter said. There are also private sands behind residences on north beach and Sand Key, as well as throughout Pinellas County. Slaughter said distinguishing PRIVAE the private beach ends and the public begins is not something his officers are equipped to do.
How will an officer know if a sunbather is on a private beach or has inched over the line into public sands? Pinellas County officials are closing public beaches Friday.
Communities across the county reacted accordingly, scrambling on Friday to erect s, barricades and other measures to alert residents and visitors. Even before the closure, Redington Shores closed its beach parking lot on Friday and eliminated parking on the west side of Gulf Boulevard in an attempt to thin crowds. Under the doctrine, states hold special title to the tidal and navigable water, the lands beneath them, and the living resources that inhabit them.
Specifically, the state holds title to the beach area waterward of the ordinary high tide line. The state holds the title in trust for the benefit of the public. The public has a right to use and enjoy the public trust lands for a variety of purposes such as fishing and bathing.
Coronavirus has closed many beaches in Florida. Is there a safe option to keep them open?
In theory, the title to public trust land has two components 1 the public trust i. This theoretical split in title allows private property owners abutting the public trust to acquire a portion of the title for limited PRIVATTE to use the public trust land for docks and other coastal activities. But the rights are limited to prevent them from unreasonably impairing access to the public trust lands. The doctrine has been incorporated into the statutes or even the constitutions of most states.
Beach Easements: Are Private Beaches Truly Private?
Upland property owners usually own the area above that line and below the vegetation line, called the dry-sand beach. Recently several states have begun to recognize a public interest in the dry-sand beach as a corollary to right to use the public trust lands. The states have recognized a right to use the beach to get to the public trust lands i. Open Beach Laws Several states have enacted or considered laws in the past 50 years to legislate or codify a public right to the dry sand beaches.
These laws, referred to as open beach laws, take several forms. But all generally allow the public to cross and use the dry sand area.
Bederman, 96 Colum. The Massachusetts House of Representatives requested an advisory opinion from the state Supreme Court in on a bill BEACEHS create a right of access over the dry-sand beach.
Isolated and Private Beach Rentals in Florida
The court concluded that the bill would constitute an unconstitutional taking. In New Hampshire's Supreme Court rejected a similar bill in advisory opinion. Town of Wells, A.
In other states, such as Texas and Oregon, the laws have been upheld and opened vast expanses of beach to the public. Texas passed its open beach law in and Oregon passed its in According to Bederman, the laws in Texas and Oregon are materially different from the New England bills. Whereas the New England bills attempted to establish that a customary right existed, the Texas and Oregon laws simply said that if such a right exists under one of several legal theories the title would vest to the state.
In effect they left the PRIATE open for the courts to decide whether the right existed. The courts in Texas and Oregon subsequently affirmed the publics rights. The Texas court used the traditional theory of prescriptive easements while the Oregon court took a more innovative approach.
In recognizing the public's right to the dry-sand beach, the Oregon court took judicial notice of the customary law theory to expand its decision to cover all of the state's beaches along the Pacific Ocean BEACHS State ex rel. Thornton v. Hay, P.
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