On Wed, 04 Feb 2004 13:48:56 +0000, Larry Weiss wrote:

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).

I can't talk to the maritime part, but in New Jersey, the state has gone
after towns that limited ocean beach access to town residents and won. I
believe the claim is that the *state* owns the rights, not the town.

I can't talk to the maritime part, but in New Jersey, the state has gone
after towns that limited ocean beach access to town residents and won. I
believe the claim is that the *state* owns the rights, not the town.


I think that with more research we would find that the Federal Gov. has
jurisdiction over all waters that connect to the ocean or coastal water
(what ever). The local control of these waters has been granted to local
authorities, but these grants have restriction and limitations such as
public access, free access (the reason there must be draw bridges, etc)..

Some of the above was reveled and argued during the court challenges
regarding free anchorage in San Diego Bay.

Not an expert and still puzzled over a lot of what goes on around the
coastal waters.

Steve
s/v Good Intentions