John G, it certainly doesn't appear easy (or reasonably priced) to definitively prove one's southern boundary. Yet common sense dictates that it exists "somewhere" near the wet/dry sand boundary during normal tidal conditions (no high winds or storms) based on the definition of MHWL.
Some background and a question for all: Most gulf front lots whose deed runs to the MHWL are typically 4 sided lots with northern, eastern, western and southern property lines. With the southern boundary being in dispute on how it's enforced and based on extrapolation, how does a beach front private property owner prevent the public from trespassing on ANY part of their property?
As an example, would a deputy remove an uninvited person from one's immediate grassy backyard if instructed to do so by the owner?
If the answer is yes, then what is LEGALLY used as the southern boundary if the MHWL is in dispute?
If the answer is no, would the property owner be liable for any harm to the person during removal by the owner if the sheriff refused to do it? Would the sheriff be held liable?
Does the law provide for a "backup" southern boundary if the MHWL is in question?
I love your Bolded question. This is my point. Thanks for helping make it.
The SOP is driving this surge of signs.
Does Adkinson require an owner on the Bay to survey their Bay Front property, etc.
Just wait till tourist activity starts to move to Bay waters and "beaches".
All of you complaining about no beaches for tourists, why don't you focus on the beach rules these people break each weekend. Glass bottles! Dogs, off leashes outside the allotted hours, leaving trash, etc.
Perhaps the spoiled and self untitled beach front owners would be appreciative of that and let you on their beach...
Saw it first hand this weekend and I'm sure I'll see it all summer. Never saw a deputy, never saw code enforcement. Was there for six hours!
It was Sunday the busiest day of the week..enforcement starts at 1:00pm ( their words not mind) also WCSO doesnt work hard on Sunday's either, I call them 3 times yesterday for cars park totally over sidewalks...they never showed and lied to me over the phone twice.John G is right about the lack of enforcement. While I was at Grayton beach yesterday afternoon I saw:
1. Glass bottles.
2. Dogs without permits during non-dog hours.
3. Vehicles on the beach without permits.
4. Vendor beach set-ups outside of the vending areas.
5. Folks throwing their trash all over the place.
6. No deputies. No code enforcement.
Unbelievable!
Thanks. This is helpful!The reason we don't utilize the state parks is because there is no lifeguard. I have 2 kids so when we go to the beach, I want to be near the lifeguard station.
Constructive suggestion, Danny. I think the question is what qualifies as use vs. bringing large amounts of property? It seems much of this conflict started with vendors and tents that give beach goers the idea that they can stay in the sun/on the beach for hours on end; therefore, they bring the large amounts of property that allow them to stay for all those hours or even all day. This is even more problematic in areas that have no bathroom facilities. All day with food and drinks with no bathrooms? Use your imagination.Nothing occurs in a vacuum. I am sure John G is correct that a lack of enforcement of the rules, vendors out of control and draconian rules to enforce property rights are a contributing factor to our current difficulties. However, the truth is the public has always used the white sand part of the beaches and our economy is based in large part on this fact. That is the definition of customary use and the county must fight for these rights to protect the livelihood of a majority of its citizens. This problem has been coming for years and everyone knew it but did not want to deal with it. Because dealing with it will make no one happy and could be political suicide. But we are now to the tipping point where a failure to deal with it will seriously harm the county and its citizens. It would be in everyone's long-term interest to compromise. Allow people to use and traverse the entire beach without harassment but allow the owners to regulate vending, bringing large amounts of property and doing destructive things like digging holes. Code Enforcement should rigorously enforce all the rules of the beach on public and private property, more money should be spent on cleanup and law enforcement should assist property owners in maintaining their property. TDC should aggressively acquire more beachfront to take the pressure off the private owners and those properties should have sufficient amenities to attract the bulk of tourists and locals who do not own beachfront. Advertising should be targeted to educating the public on beach rules and etiquette. There is no magic bullet that will fix the problem but several small improvements to the situation combined can make things better and preserve our way of life.
On the other hand, doing nothing will continue to inflame the situation and is political suicide and taking a hard line for the property owners will seriously harm the economy and is political suicide as well. There are far more voters north of 30-A and old 98 than there are south. But taking a hard line against the property owners will result in dozens of lawsuits and years of costly litigation. Nobody wins and the bitter feelings will linger for a long time. We need to work together to find an effective compromise.
Does the tram at Topsail help with this situation in your opinion? If not, what do you think could be done to improve the tram situation?Location of parking and distance to beach from said parking. Except for Grayton.