• Welcome to ScubaBoard


  1. Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.

    Benefits of registering include

    • Ability to post and comment on topics and discussions.
    • A Free photo gallery to share your dive photos with the world.
    • You can make this box go away

    Joining is quick and easy. Login or Register now by clicking on the button

Coastal Access Cases

Discussion in 'Scuba Related Court Cases' started by orion612004, Apr 19, 2016.

  1. orion612004

    orion612004 PADI Pro

    # of Dives: 1,000 - 2,499
    Location: 42.686276, 70.64224
    133
    10
    18
    Hi All,

    I am writing a paper for class about coastal access and scuba diving. I am looking for court cases focused on recreational uses (mostly scuba) and access to the shoreline.

    I already looked at

    Bell v City of Wells
    Eaton v. Town of Wells
    William A. McGARVEY Jr. et al. v. Steven R. WHITTREDGE et al.

     
  2. clownfishsydney

    clownfishsydney Manta Ray

    # of Dives: 2,500 - 4,999
    Location: Sydney Australia
    1,233
    689
    113
    Do you mean where access is not permitted and someone took the council/authority to court to get access?
     
  3. njdiver1

    njdiver1 Barracuda

    478
    61
    28
    Borough of Neptune City vs Borough of Avon-By-The-Sea
    Bubis v. Kassin
    CITY OF LONG BRANCH v. LIU 115
    ILLINOIS CENT. R. CO. v. STATE OF ILLINOIS
    jenkinsons-pavillion-v-acoe-filed-usdc-complaint-12-16-14
    McGARVEY v. WHITTREDGE Supreme Judicial Court of Maine (SCUBA)
    Margte vs ACOE opinion
    MARTIN V. WADDELL
    Matthews v. Bay Head Improvement Association
    Raleigh Avenue Beach Associati on v. Atlanti s Beach Club, Inc., et al.
    ROBERT ARNOLD against BENAJAH MUNDY
    Slocum v. Borough of Belmar
    Sophie Bubis v. Jack Kassin and Joyce Kassin
    VAN NESS v. BOROUGH OF DEAL
    Virginia MATTHEWS, Plaintiff-Appellant
     
    lowviz, agilis and orion612004 like this.
  4. orion612004

    orion612004 PADI Pro

    # of Dives: 1,000 - 2,499
    Location: 42.686276, 70.64224
    133
    10
    18
    Yes,

    I am looking a site in CT where they will not let divers access a public beach during the day even with a permit because they are afraid we will crowd the beach. I am using it as a case study for class but I am looking for case law examples
     
  5. njdiver1

    njdiver1 Barracuda

    478
    61
    28
    Did the CT case go to court, if it did was there a decision?
     
  6. scagrotto

    scagrotto Barracuda

    # of Dives: 500 - 999
    Location: Hudson Valley
    275
    199
    43
    I recognize a couple of the cases listed above as a result of being a whitewater kayaker, and therefore having an interest in legal issues about the public right of navigation, and I looked at a couple of the cases I don't recognize. I didn't look at all of them, and all that I looked at are fairly general cases about the public's right to access lands "subject to the ebb and flow of the tide", a concept that dates back at least 1500 years to the code of Justinian. That right of access is predicated on the right to navigate on the seas. In some places that right, and the more evolved public trust doctrine, allows access for purposes beyond those that are directly or closely related to navigation. In others the public right is fairly limited.

    For the most part it's a safe bet that everything below the mean high water mark is public property or that there's a public easement for at least some purposes. What a lot of people that know that don't realize is that having the right to be somewhere doesn't necessarily mean that you have a (useful) right to get there. You've got no right to cross private property simply because the property on the other side is public. You also may not have the right to cross publicly owned property, because despite noble ideas about property being owned "by the people" it's controlled by some governmental entity. When the property owner does allow access they're mostly free to allow it on their terms, and to control the uses the public makes of their property.

    Even if the public trust doctrine is liberally applied there will still be limits on the uses the public can make of the intertidal zone, and the property owner (whether private or some public entity) will maintain control of the land above the high water mark. A good argument might convince the powers that be to allow diving, but if they don't want to allow it at a particular location I doubt that they can be compelled to. The nature of government is that you may have even fewer rights than you would with a private owner. Since everything below the low tide line is public you can probably dive right up to that line where it's adjacent to private property (even if you have to crawl in the sand). In front of a public beach the municipality can probably prohibit or restrict diving, as they commonly do with surfing or boating at beaches.

    If you do find anything useful be sure to let us know.
     
  7. orion612004

    orion612004 PADI Pro

    # of Dives: 1,000 - 2,499
    Location: 42.686276, 70.64224
    133
    10
    18
    There is no case yet. I understand the public trust doctrine, the paper I am writing is for a marine and coastal law course. The issue is that as soon as the beach stops collecting monies for entry we are allowed to dive. The town's harbor management act list the site as a spot for recreational diving. We are just barred from diving due to "overcrowding concerns" from 10-4 during the week. However we are allowed to launch of the other side of the jetty in the rocky area. It is just unsafe to do so and one of the local shops cited a death 30 something ears ago of a diver trying to go that way
     
  8. njdiver1

    njdiver1 Barracuda

    478
    61
    28
    Here are NJ's diving regulations:

    NJ Scuba Diving Rules

    There are also a myriad of local Municipal ordinances regulating access to our tidelands. Public Access is also an issue here, as our Public Access regulations have been declared invalid by our Superior Courts. Our Legislature is working on a Bill to give our Department of Environmental Protection the ability, under law, to restore our Public Access rules.
     
  9. rjack321

    rjack321 Captain

    # of Dives: 1,000 - 2,499
    Location: Port Orchard, WA
    7,428
    1,402
    113
    Just because a beach is public doesn't mean every possible user has the right to use it. ATVs (and cars) are legal to drive on most WA coastal beaches for instance. Pretty sure that would be a disaster in CT.
     
  10. seeker242

    seeker242 DIR Practitioner

    # of Dives: 200 - 499
    Location: Pompano Beach, FL
    840
    392
    63

Share This Page