4 ms·

This is an interesting point. But it really just points how silly it is to only make a beach public up to the high tide line. The public doesn't generally know

by taysic 8y ago

This is an interesting point. But it really just points how silly it is to only make a beach public up to the high tide line. The public doesn't generally know where that line is anyway. Either they are allowed to use the beach or not... doubt anyone coming in by boat will check the high tide line and not stretch their towel out over the sandy beach. It's also not an absurdly low price considering it only allows access to a public area.

rayiner 8y ago
You could imagine a different rule. But the mean high tide rule traces back to Roman law, and we got it by way of the Magna Carta. Too late to change it now without compensating all those property owners who own the beaches.
lovich 8y ago
High tide lines aren't a theoretical line but leave an actual physical line of flotsam. He's also free to leave markers for the line and prevent people from going past the high tide line
- kbutler 8y ago
  The physical line of flotsam is not the legal "mean high tide line". "In most states, all land below the mean high tide line belongs to the state and citizens have the right to unrestricted access to that land. Intuition would indicate that this “line” is where the sand changes from wet to dry during high tide. This, however, is not always the case. The mean high tide line is actually the arithmetic average of high-water heights observed by the National Oceanic and Atmospheric Administration (NOAA) over an 18.6-year Metonic cycle. It is the line that is formed by the intersection of the tidal plane of the mean high tide with the shore. It is not an easy line to determine, and it is an even harder one to see. From standing on the beach watching the waves, there is no way of knowing exactly where the mean high tide line falls, or where public land begins and ends, making enforcement a difficult and controversial task. " http://www.beachapedia.org/Beach_Access http://www.beachapedia.org/Beach_Access (From Surfrider, a party to the lawsuits)
- taysic 8y ago
  If the beach is open to the public, the likelihood that people will respect the markers seems very low. This is a good example of a law that is generally unenforceable unless he hires people to watch.

by taysic 8y ago

rayiner 8y ago

You could imagine a different rule. But the mean high tide rule traces back to Roman law, and we got it by way of the Magna Carta. Too late to change it now without compensating all those property owners who own the beaches.

lovich 8y ago

High tide lines aren't a theoretical line but leave an actual physical line of flotsam. He's also free to leave markers for the line and prevent people from going past the high tide line

kbutler 8y ago
The physical line of flotsam is not the legal "mean high tide line". "In most states, all land below the mean high tide line belongs to the state and citizens have the right to unrestricted access to that land. Intuition would indicate that this “line” is where the sand changes from wet to dry during high tide. This, however, is not always the case. The mean high tide line is actually the arithmetic average of high-water heights observed by the National Oceanic and Atmospheric Administration (NOAA) over an 18.6-year Metonic cycle. It is the line that is formed by the intersection of the tidal plane of the mean high tide with the shore. It is not an easy line to determine, and it is an even harder one to see. From standing on the beach watching the waves, there is no way of knowing exactly where the mean high tide line falls, or where public land begins and ends, making enforcement a difficult and controversial task. " http://www.beachapedia.org/Beach_Access http://www.beachapedia.org/Beach_Access (From Surfrider, a party to the lawsuits)
taysic 8y ago
If the beach is open to the public, the likelihood that people will respect the markers seems very low. This is a good example of a law that is generally unenforceable unless he hires people to watch.