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Archive | Title to Beach

February 10, 2022

The Inconsistent Rulings of The Second Department: You Can Drive on the Beach – No You Can’t!

The Second Department handed down a decision dealing with driving on the beach in Southampton, Thomas v Trustees of the Freeholders and Commonalty of Southampton, ____ AD3d ____ (February 9, 2022). The Southampton Village Code prohibited the driving on ocean beaches between 9:00 am and 6:00 pm during summer months.  However, the Village Code provides an exception to this general prohibition for a portion of the beach that includes the Thomas’s property, among others.  Plaintiffs alleged several causes of action including a per se unconstitutional taking. One fact stated by… read more

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Posted in Access to Beach, Per Se Taking, Title to Beach
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May 4, 2021

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

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Posted in Adverse Possession, Public Trust, Title to Beach
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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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