Category: Eminent domain

We will fight them on the beaches: Part 5, I have had a wonderful sail

6 July, 2015 (11:10) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, Private property, Public property, State law, Title, Title registry, Tragedy of the commons | No comments

[Continued from yesterday’s Part 4 and the preceding Part 1, Part 2, and Part 3.] Pre-post update: Greece referendum Over the weekend, the Greeks emphatically voted No to the ECB’s ‘last best’ financial extension offer, plunging the EU into its own new ‘Lehman Redux Week.’  Though the Greek drama will consume the financial markets this […]

We will fight them on the beaches: Part 4, A free beach-driving permit

2 July, 2015 (10:00) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, New York, Private property, Public property, State law, Title, Title registry, Tragedy of the commons |

[Continued from yesterday’s Part 3 and the preceding Part 1 and Part 2.] By: David A. Smith Over the last forty years, while the homeowners of Napeague have been buying beachfront rights for the strip between them and the ocean, the townspeople of East Hampton have been enjoying access to the beach as if it […]

We will fight them on the beaches: Part 3, The robbers or the thieves

1 July, 2015 (10:00) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, New York, Private property, Public property, State law, Title, Title registry, Tragedy of the commons |

[Continued from yesterday’s Part 2 and the preceding Part 1.] By: David A. Smith As we saw in the two previous parts of this week-long, beach-reading post, the beachfront whose rights of use are now in dispute has a long history and its ownership, and the division of rights of that ownership, can be traced […]

We will fight them on the beaches: Part 2, Spread the nets on the adjacent sands

30 June, 2015 (10:00) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, New York, Private property, Public property, State law, Title, Title registry, Tragedy of the commons |

[Continued from yesterday’s Part 1.] By: David A. Smith Such is the nature of land title that words written long ago can have enduring meaning,) – and as we saw in Part 1 of this post, about a stretch of photogenic beach in East Hampton/ Montauk, New York, such is the nature of America that […]

We will fight them on the beaches: Part 1, To the high-tide line

29 June, 2015 (10:00) | Accessibility, Beaches, Easement, East Hampton, Eminent domain, Homeowners associations, Homeownership, New York, Private property, Public property, State law, Title, Title registry, Tragedy of the commons |

By: David A. Smith An immense amount of human history can be explained by a geometric fact: a two-dimensional space can be blocked by a one-dimensional barrier.  Gateway to litigation: Looking east from Napeague Lane Castles have walls: One does not simply walk into Beaumaris Pies have tin: Rivers have dams that make lakes: Borders […]