In article ,
Larry Weiss wrote:

We are talking about the US of A, New York State in particular, and
maritime law only because that's where my poor memory recalls it may have
existed.

Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

I'm confused. Do you think that only town residents should use the park
and marina, or not?

For some reason, I believe that while the water may be "free" for use,
improvements on same need not be. For instance, people can be required
to pay to use docks and moorings, or can be restricted from their use.

Personally, those waterside communities that open up their waterside are
more inviting, but I have no problem if they say "2 hour limit" or such.
I avoid places that restrict public access to public spaces, or charge
highly for the privilege.

--
Jere Lull
Xan-a-Deux ('73 Tanzer 28 #4 out of Tolchester, MD)
Xan's Pages: http://members.dca.net/jerelull/X-Main.html
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