Hello everyone, To update, thanks for those of you emailed me about the situation at Breezy. I have learned that the Breezy Point Coop won a court battle over 50 years ago, and is under the impression that they are one of the few places in the US where land is owned to the "low tide line" (not the high tide line). >From what I have read, this is because the decision in the case stated the Coop owns new land that was created by the construction of a jetty. This was supposed to mean new beach that was created, however the Coop has interpreted the ruling to also include land that is under water. It seems like a complicated situation there, and although you might be able to win in court because of the Public Trust Doctrine and likely incorrect interpretation of the ruling, it wouldn't be worth the hassle. If you really wanted to be a jerk though, you could always walk in the water past the low tide line!
Mike Z. On Sat, Jun 11, 2016 at 8:14 PM, Long Island Birding <[email protected]> wrote: > Just an FYI about general New York Beach Access, I believe the high water > mark (high tide line) is the demarcation used to separate public and > private beach property. Meaning if you walk on the wet sand that is > covered by water half of the day, you are OK. There was even a ruling in > 1988 in NY to favor this access that overturned a previous ruling on this > issue in Glen Cove. > > http://www.nytimes.com/1988/11/24/sports/outdoors-beach-use-decision-appealed.html > http://www.leagle.com/decision/1989890153AD2d737_1656/SMITH%20v.%20STATE > > Mike Z > > > > On Sat, Jun 11, 2016 at 6:48 PM, Isaac Grant <[email protected]> > wrote: > >> I met an Australian birder at Jamaica Bay who really wanted to see Piping >> Plovers so I took him to breezy point. I was expecting it to pour on us so >> I left my camera and phone in the car. We parked at Tilden and walked a >> good ways down the beach until we found a large loafing flock. Mixed in >> with them was a first summer Arctic Tern. Seen on the ground through scope >> for about 2 minutes among common terns and then seen in flight as well when >> birds were flushed by a beach walker. Bird flew off over the ocean and I >> lost it flying out to sea. Also present were 7 1st summer Common Terns. >> >> I was eventually chased off the beach by an angry and hostile Breezy >> resident who was completely unimpressed by an Arctic Tern on "his" beach. >> Bird was seen about 5:45 and I've just gotten back to the car. >> >> Isaac Grant >> Senior Loan Officer >> -- >> >> NYSbirds-L List Info: >> http://www.NortheastBirding.com/NYSbirdsWELCOME >> http://www.NortheastBirding.com/NYSbirdsRULES >> http://www.NortheastBirding.com/NYSbirdsSubscribeConfigurationLeave.htm >> >> ARCHIVES: >> 1) http://www.mail-archive.com/[email protected]/maillist.html >> 2) http://www.surfbirds.com/birdingmail/Group/NYSBirds-L >> 3) http://birdingonthe.net/mailinglists/NYSB.html >> >> Please submit your observations to eBird: >> http://ebird.org/content/ebird/ >> >> -- >> >> > -- NYSbirds-L List Info: http://www.NortheastBirding.com/NYSbirdsWELCOME http://www.NortheastBirding.com/NYSbirdsRULES http://www.NortheastBirding.com/NYSbirdsSubscribeConfigurationLeave.htm ARCHIVES: 1) http://www.mail-archive.com/[email protected]/maillist.html 2) http://www.surfbirds.com/birdingmail/Group/NYSBirds-L 3) http://birdingonthe.net/mailinglists/NYSB.html Please submit your observations to eBird: http://ebird.org/content/ebird/ --
