Re: [Paddlewise] Public beaches - was Saturation Point

I attended a major Waterfront Conference last Thursday here in NYC (part
of took place on Governor's Island--strange to see it empty of Coast
Guard personnel and families. Part of it was over at the Central RR of
NJ historic terminal).  The one-day meeting brought together all
interests involving the waterfront and the waters of this area:
commercial, recreational, government and non-governmental,
environmental, etc.  I was there as rep for the Hudson River
Watertrail.  And I saw a lot of friends from other similar organizations
such as Floating the Apple (restoration of Whitehall-design pulling row
boats used in the last century), Sierra Club, etc.

One of the speakers was Ann Alexander, a staff attorney with the Rutgers
Environmental Law Clinic in Newark NJ; she is a lead attorney in
representing citizen groups in defending the NJ public walkway on the
Hudson (see below).  She had a lot to say about the issue of access. 
Perhaps someone on the list might try to locate her and have her input
on all of this (hint:  our own PaddleWise Debbie Reeves who lives in
NJ).

In her presentation (brief; all speakers limited to about 8 mins. each)
she said that the right of access is quiet ancient going back to Greek
and Roman law.  The principle involved is that the right to use certain
things that are common to all (specifically air, water flow, sea and
shore) belongs to everyone and to no one; and that government holds
these "commons" in trust for all.  It is a Justinian doctrine (whatever
that means) and appears in many places such as the Magna Carta, for
example, where ownership of the sea and shore is held in trust by the
government.

One can own waterfront property but that ownership is subject to public
trust easement, i.e. public access to the shore.  Ms. Alexander stressed
that New Jersey is a prime example of this.

A battle royal is going on right now over the shore public walkway that
the state has planned that runs from near the Statue of Liberty up to
the George Washington Bridge.  This 15 mile or so stretch of the New
Jersey side of the Hudson River has seen incredible commercial
development in just the last 5 years with expensive condos going up as
well as shopping centers and office buildings.

While public access to an esplanade is mandated by the state of New
Jersey, some developers have fought back, one in particular, the Shelter
Bay housing development about mid-way up.  Recently, Shelter Bay lost
its suit but has appealed and is being backed by the National
Association of Homebuilders.  Their argument is that public access
infringes on the right of private ownership.

So the issue is as fundamental as life itself:

Is there a "commons" of sea and shore in which these belong to no one
and to all and is watched over as a public trust by the government...

... Or do such commons of public access to the shoreline infringe on the
fundamental rights of private ownership?

BTW, earlier this year I attempted to walk about 12 miles of that Jersey
esplanade with the ShoreWalkers (a walking group devoted to establishing
the right of innocent passage along our shoreline in the Tri-State
area).  So much of it was cut off.  We found ourselves climbing around
and under fences.  Were harassed by a security guard at least at one
point.  And even a condo owner got all worked up when we tried to access
part of the esplanade.  The contest pitted him and his wife (about 60
years old, well dressed) and our group which probably averaged about 65
yrs in age (dressed for walking, i.e. a pretty innocent looking group of
interlopers)...we finally backed off and find a hole further along the
fence.  :-)

Another BTW, also speaking at the Conference was Bill Neyenhouse, of the
State's Environmental Protection and head of its Coastal Zone Management
Program.  I have talked with him on the phone in the past.  He mentioned
with pride to the Conference the kayak launch site in Frank Sinatra Park
in Hoboken (across from Manhattan's Greenwich Village) as well as other
kayak launch plans.

ralph diaz 

-- 
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Ralph Diaz . . . Folding Kayaker newsletter
PO Box 0754, New York, NY 10024
Tel: 212-724-5069; E-mail: rdiaz_at_ix.netcom.com
"Where's your sea kayak?"----"It's in the bag."
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