GUEST COLUMN: Customary use is not a private property rights issue
By Dave Rauschkolb | Guest Columnist
Those power brokers intent on denying the public’s right to use and enjoy our beach as we have since time immemorial are determined to paint this as a private property rights issue. Customary use is not an attack against private property rights; it is an affirmation that regardless of ownership of the sand we all have a right to access, use and enjoy our shared coastal American border.
“No entity, regardless of ownership, may deny or exclude Americans or international visitors from freely and lawfully accessing and using our American beaches from the dune line to the mean high tide waterline.” These words should be all that is needed in a federal or state law.
Private property in the conventional sense, beyond our coastal borders is not in dispute. Reams of legal and layman’s arguments have been and are being written to paint non-beachfront owners’ use of our beaches as an attack on private property. It is not because our beaches are very different from conventional private property.
We all own private property and the law is clear on Americans’ right to preserve and protect their private property. That is rarely if ever in dispute. The reason this issue IS in dispute is because we have truly shared our beaches for centuries. The claim of exclusion on beaches, couched in private property rights arguments is a fairly recent development in American history.
We have a shared coastal heritage on our beaches. Clearly our coasts have value, as the closer one purchases to a beach the values are highest. The value and strength of coastal economies depend on the use of our beaches for all. For a finite group of citizens to claim exclusion of our beaches to the rest of all Americans is an affront to all non beachfront-owning Americans.
Those powerful and well-funded people wanting to change a balance that has existed a very, very long time bitterly claim their private property is being taken away. No. They purchased the convenience of being steps from the beach and the view. They can’t build on the sand and there is no tax assessments directly attached to that sand. It is not private property in the conventional sense as it applies to all other land that is private property.
No, this is not about private property, it is about excluding all of us from enjoying and using our most treasured and beloved beaches. Our beaches, the shifting sands of our common Coastal American heritage. Perhaps, besides it not being buildable or taxable, it could be argued that the sandy areas of our beaches may never be called “private” because the land they purchased is constantly on the move by tidal action, wind and storms. How can they claim ownership and exclusion on shifting sand they can’t contain?
I sincerely hope that any BFO who is looking to list their home, not do so with any ECAR affiliated broker except for the one mentioned above.
ECAR had ABSOLUTELY NO RIGHT to take sides in this CU debate as a commercial entity, IMHO.
MONEY resulting from increased development and commissions is the only reason they did take sides.
Just a casual reminder to some CU folks who don’t truly don’t understand the benchmarks of CU....MONEY, economics, property values, etc. are NOT one of them, period.
ECAR (made up many local brokers) is as big of a hypocritical organization as I have ever seen.
Dude, my brain hurts.
So, I guess it stands to reason, if he's scouring for spelling errors, he's likely monitoring IP addresses as well.... hmmmm.
Sounds like last fall. There was talk he started some fake FBI investigation rumor in order to have a large group of members completely blocked from a popular community page. (And now he wonders why all the pseudonyms?)
Additionally he just published his latest inflammatory propaganda in three local rags. One week before his protest in the beach. To the day. Bet that got the sherrrifff's attention.
Sure is a busy little guy, isn't he? I would love to use Jensky's label here, but I don't dare say it out loud, like she gets away with.
And yet still, we are supposed to believe that Dave and FBFA have "no coordination whatsoever in what happens on our beaches".
"You know you're a powerbroker if..."
Yes because every member agrees with ECAR leadership lol. What a stupid position to take.
What are we missing here? Nina Horn, a Scenic Sotheby's Realtor is President of ECAR.
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