I also think that both sides stand to lose so much if they lose a legal battle they they are intimidated to actually proceed. They prefer the limbo. Legally, you cannot do much if someone walks across your tides lands. It is not legal to assault them. You have to call the sheriff who will likely arrive too late. Of course they can illegally assault you. Livingston/Martin iPad On Apr 19, 2012, at 3:10 PM, Elias Ross <genman_at_noderunner.net> wrote: > On Thu, Apr 19, 2012 at 2:49 AM, Robert Livingston > <bearboat2_at_comcast.net> wrote: > >> I have PDF copies of the three brochures >> >> I will be putting them on my Web site in the next few weeks. > > Much appreciated. It would be great if somebody could put together a > comprehensive guide to this information. > > I came across this interesting article from Google about a book called > "Getting to the Water's Edge" regarding public land access on Whidbey > Island: http://www.whidbeyexaminer.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=1538&TM=47735.5 > > Here's an interesting excerpt: > > "Another issue that has yet to have its day in court is the issue of > walking across private tidelands, Island County Planning Director Jeff > Tate said. The issue is whether property owners can legally keep > people from crossing private tidelands to reach public tidelands. > According to public trust doctrine, the answer is no, Tate said." > > "However, the doctrine is an interpretation of state law and has yet > to be challenged in court." > > This is also discussed here: > http://www.ecy.wa.gov/programs/sea/sma/laws_rules/public_trust.html > > "The Public Trust Doctrine does not allow the public to trespass over > privately owned uplands to access the tidelands. It does, however, > protect public use of navigable water bodies below the ordinary high > water mark." > > Another paper makes this argument that you can walk on private land. > "ENJOYS LONG WALKS ON THE BEACH: WASHINGTONS PUBLIC TRUST DOCTRINE > AND THE RIGHT OF PEDESTRIAN PASSAGE OVER PRIVATE TIDELANDS" > > From: http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/280/81washlrev813.pdf > > (Conclusion) > "Although the Supreme Court of Washington has yet to squarely address > a right of public pedestrian passage over private tidelands, the > Washington public trust doctrine logically encompasses such a right, > at least where necessary to effectuate those water-based activities > already judicially recognized as protected by the jus publicum." > > My thoughts: Although walking may be allowed, what's not clear is > anything besides walking is allowed. Say sitting, picnicking or > throwing a Frisbee? Or if you were walking from public beach to public > beach over private tidelands but you could just as easily access your > destination another way, say by road. Or in the case of kayakers, why > shouldn't you be able to rest on a private beach on your way to your > destination? > > Such matters would likely only be concluded by the legal process. But > who is inclined to spend their time (and money) fighting for these > rights? *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Thu Apr 19 2012 - 22:04:15 PDT
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