TBD

Amagansett Truck Beach Trial Begins Monday

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Posted (edited) · Report post

 ​Have you read the origina​l terms of the sale? Have you read the quitclaim deed? The homeowners should take it where the sun don't shine on this one Tiana Beach

​Dude

Edited by pakalolo

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 ​Have you read the origina​l terms of the sale? Have you read the quitclaim deed? The homeowners should take it where the sun don't shine on this one Tiana Beach

​Dude

 

I don't give a hoot what the terms say or where the sun shines . The courts have ruled. The homeowners own the land.

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I don't give a hoot what the terms say or where the sun shines . The courts have ruled. The homeowners own the land.

Let's just hope the town's legal counsel's opinion that cost of condemnation will be minimal is correct. What the vast majority of EH homeowners want (both locals and second home owners alike) is that however this truck beach fiasco ends up doesn't cause their already high property taxes to go higher. That is the bottom line.

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I will be watching this closely. Thanks for updates...

I hope it goes to the public.. TBD, I believe the deed states down to the high water mark which on that beach is about 1/2 way down to the actual water on average day during an average weather pattern. on storms, tides,  obviously higher..

In any case.. They would have to build a wall to keep me from walking that stretch of beach fishing or otherwise...

 

Anyway.. hope everyone is well. catching and RELEASING them fish...

Aloha.

 

 

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Posted (edited) · Report post

I will be watching this closely. Thanks for updates...

I hope it goes to the public.. TBD, I believe the deed states down to the high water mark which on that beach is about 1/2 way down to the actual water on average day during an average weather pattern. on storms, tides, obviously higher..

In any case.. They would have to build a wall to keep me from walking that stretch of beach fishing or otherwise...

 

Anyway.. hope everyone is well. catching and RELEASING them fish...

Aloha.

High water mark is such arbitrary bulls*%t. Some years you own more, other years you own less. And if a storm wipes you up to the rear patio,of your house,that should become the high water mark. Is that what you own. Geologically that whole stretch of Napeague is a tombolo always in a state of erosion and rebuilding. Dunes are the same way they migrate back in good times and erode with rising sea level. How can you own something that is here today and down drift on Someone else's property lines tomorrow. Edited by Shag

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High water mark is such arbitrary bulls*%t. Some years you own more, other years you own less. And if a storm wipes you up to the rear patio,of your house,that should become the high water mark. Is that what you own. Geologically that whole stretch of Napeague is a tombolo always in a state of erosion and rebuilding. Dunes are the same way they migrate back in good times and erode with rising sea level. How can you own something that is here today and down drift on Someone else's property lines tomorrow.

 

That's not the way it works in most jurisdictions. Generally when the deed says to the "high Water line" it means the high water mark when the parcel of land passes from the public domain to private ownership. So the line of demarcation is not affected by erosion or accretion.

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down drift on Someone else's property lines tomorrow.

 

its not the contents (grains of sand that is owned) - its a meets and bounds which are owned and taxes are paid for annually.

The only question is what rights does a property owners have south of average mean high water.

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That's not the way it works in most jurisdictions. Generally when the deed says to the "high Water line" it means the high water mark when the parcel of land passes from the public domain to private ownership. So the line of demarcation is not affected by erosion or accretion.

 

Correct 

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That's not the way it works in most jurisdictions. Generally when the deed says to the "high Water line" it means the high water mark when the parcel of land passes from the public domain to private ownership. So the line of demarcation is not affected by erosion or accretion.

Mike I know that's not the way it works. Just being sarcastic. Just tired of constantly losing access and paying through taxes for the rebuilding of inaccessible or private beaches of the wealthy. Usually when that is done some other beach gets starved of its natural replenishment. They just rebuilt Smiths Point for the plovers of course.(Another story). When the five year replenishment of Westhampton Dunes comes up and the sand that normally drifts west and up on the County Beach is short circuited up on WD shores and a large dredge hole is offshore stopping the westward flow Smiths will be eroded again so the public won't have access again. There is an endless cycle of this that continues to make dredging companies wealthy, and the wealthy happy, all at the tax payers expense.

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Mike I know that's not the way it works. Just being sarcastic. Just tired of constantly losing access and paying through taxes for the rebuilding of inaccessible or private beaches of the wealthy. Usually when that is done some other beach gets starved of its natural replenishment. They just rebuilt Smiths Point for the plovers of course.(Another story). When the five year replenishment of Westhampton Dunes comes up and the sand that normally drifts west and up on the County Beach is short circuited up on WD shores and a large dredge hole is offshore stopping the westward flow Smiths will be eroded again so the public won't have access again. There is an endless cycle of this that continues to make dredging companies wealthy, and the wealthy happy, all at the tax payers expense.

Geologically, Smith's Point is supposed to retreat northward into the bay.  As you note, there aren't sufficient offshore sand deposits to naturally replenish it and keep it in its current position.  The central part of Fire Island does have good reserves offshore, and is geologically stable, at least in relative terms--although if those natural reserves are tapped by the dredges to dump sand on the current beach, as is planned, that stability could be threatened.  The western part is sustained through littoral drift, not offshore deposits, and so keeps trying to creep westward.

 

Bottom line is that we can end up paying a lot of money trying to defeat Mother Nature, but she has time and geology on her side.

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Condemnation doesn't happen just cause the government wants it to.

The supreme court will be on notice that trucks on a beach is dangerous.

They wont approve the condemnation and the unlikely chance they do it will be so costly that the town wont fund the deal.

 

Local governments have broad discretion to determine when condemnation of property is in the public interest.  While the court will be aware of allegations that the trucks create hazards, it will also be aware that other parties are refuting such allegations.  In such case, a court is unlikely to substitute its judgment for that of the public authority that made the initial condemnation decision, unless the decision of the public authority is without support on the administrative record.  Claims that the condemnation is illegal will have little chance of prevailing, again because the public purpose determination is initially to be made by the public authority, and only overturned if it is arbitrary, capricious or contrary to law, which is a very high standard to meet, particularly in light of US Supreme Court precedent.  Instead, the Supreme Court here in Suffolk County (which, for readers not familiar with the New York State court system, is actually the trial court, and so the lowest court in the state hierarchy, despite its name) will almost certainly concentrate on the fair market value of the condemned property, with the property owners bearing the burden of proof to demonstrate that the condemned property is worth more than the local authority has offered to pay.

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I don't believe it for one minute that the kid was told to take fugazy sigs.

i happen to know at least one individual who was told to please just sign the petition,and that the individual offering the petition clearly stated in front of witnesses that she could care less if the person used their real name.  YOU JUST CAN'T HIRE  GOOD HELP THESE DAYS even when it comes to scoundrels.

Incidentally,the person who was told this has already gone on public record with this claim---so if I were you,I wouldn't bet the family farm that this didn't happen.

TDB there are bad people and that's just part of life. 

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Posted (edited) · Report post

I am loving it!

 

So much Drama!  So much Suspense! 

 

This will be a great HBO Sunday evening drama series in the upcoming years:

 

On one side, we have an Elitist group headed by NYC Super Rich folk, who think they are above law and public scrutiny, lying like the Donald!

 

On the other side, we have Local groups with strong emotions about maintaining their traditions!

 

Enjoy all the suspense as the plot thickens when the elitist groups use fraud and deception as a basis to defend their court case.........be intriqued by Spying and infiltration practices used by the local group (taking the advice of FK007) to obtain evidence of the elitist group's fraudulent methods......Be prepared for a climactic court case (not your usual Raymond Burr type court cases)  where fast forwarding videos will show trucks racing on the beach, innocent birds be dramatized, injured.....elitist kids be subjected to such life changing emotional shock......beach sex acts and sex devices left on the sand infuriate the celibate elitist group's leaders.....watch the drama unfold when fishermen and surfers all embrace for a common cause: To Maintain their RIght to Drive on their Beach! 

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Disclaimer: The views and opinions expressed in this article are those of the non-authors and do not necessarily reflect the official policy or position of any agency local or foreign. Examples of analysis performed within this article are only examples. They should not be utilized in real-world analytic products as they are based only on very limited and dated open source information. Assumptions made within the analysis are not reflective of the position of anyone involved.

Edited by FishinKid007

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