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.

The city is blowing smoke. If any such law existed there could never be
private marinas or yacht clubs.

Here is an alternative, though risky alternative. The covenants of the
will/bequest are very powerful. (See my reply to Larry.) Form a
non-profit community organization. Find some heirs to the estate and
feel them out about contesting the city's right of posession and
donating the land to the organization. I believe that when they donate
the land they get a tax deduction equal to the current value of the land
less the value of the original bequest.

--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

"Glenn Ashmore" wrote in message
news:FQ8Ub.19239$u_6.9131@lakeread04...

Here is an alternative, though risky alternative. The covenants of the
will/bequest are very powerful. (See my reply to Larry.) Form a
non-profit community organization. Find some heirs to the estate and
feel them out about contesting the city's right of posession and
donating the land to the organization. I believe that when they donate
the land they get a tax deduction equal to the current value of the land
less the value of the original bequest.

He may also want to contact the Nature Conservancy, which acquires land
that's about to be made ugly in various ways. They often find ways to lock
it up legally so it REALLY can't be used for disgusting purposes, like
tree-less housing developments.

www.nature.org

They may already have their eye on the specific land anyway - it's worth
making inquiries.

On Wed, 04 Feb 2004 19:50:31 GMT, "Doug Kanter"
wrote:

"Glenn Ashmore" wrote in message
news:FQ8Ub.19239$u_6.9131@lakeread04...

Here is an alternative, though risky alternative. The covenants of the
will/bequest are very powerful. (See my reply to Larry.) Form a
non-profit community organization. Find some heirs to the estate and
feel them out about contesting the city's right of posession and
donating the land to the organization. I believe that when they donate
the land they get a tax deduction equal to the current value of the land
less the value of the original bequest.

He may also want to contact the Nature Conservancy, which acquires land
that's about to be made ugly in various ways. They often find ways to lock
it up legally so it REALLY can't be used for disgusting purposes, like
tree-less housing developments.

www.nature.org

They may already have their eye on the specific land anyway - it's worth
making inquiries.

Good advice, but be very carefull with these folks - they can be a
real handfull to deal with.

You need to spell out exactly how you want it done before any
agreement and have an attorney check it out to be sure they have to
comply to the terms of the agreement.

Later,

Tom
S. Woodstock, CT
----------

"I thought I'd just go fishin', but the fish
were not amused. And I caught myself just
wishin' that I was in the fishes shoes. Just
swimmin' in some deep blue water not a care
in my head, watchin' some fool with a line
and a pole hidin' by the riverbed."

Joe Ely, "Back To My Old Molehill" - "Flatlanders,
Wheels of Fortune - 2004"

On Wed, 04 Feb 2004 11:03:57 -0500, Glenn Ashmore
wrote:

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com

=================================

Glenn, how's that boat coming along? As the proud owner of a Spade
anchor, I believe I'm entitled to periodic project updates :-)

The boat is comming along fairly well with a wet bottom expected
sometime in the Fall. THe web site OTOH is sucking hind tit right now.
I did get some stuff about the watermaker and the rudder posted
recently though.

Wayne.B wrote:

On Wed, 04 Feb 2004 11:03:57 -0500, Glenn Ashmore
wrote:

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com


=================================

Glenn, how's that boat coming along? As the proud owner of a Spade
anchor, I believe I'm entitled to periodic project updates :-)


--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

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

Larry Weiss wrote in message ...
"Rosalie B." wrote:

x-no-archive:yes

Larry Weiss wrote:

I understand that it is against maritime law to restrict or prohibit
waterway access. Anyone know if this is true and/or what the law
actually says, and where it may be found?

Larry Weiss
"...Ever After!"
"a little after..."

I think this depends a lot on where it is you are talking about. For
one thing, what country? And why would you think maritime law had
jurisdiction? I would have thought that ordinary laws applied in most
inland or near coastal waters.

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.

Some of the cases referenced in this memo may be a start.
http://www.dos.state.ny.us/cnsl/waterway.html

Has the town used any government grant money for improvements to the
marina? That money usually comes with conditions that the courts may
say overrides any covenents. The city of San Francisco banned PWC
with a 1/4 mile of the city shoreline few years ago, and of course
many jetskiers cried foul. The ban went into affect, but access to a
couple of marinas had to be allowed since they used Wallop-Breaux
federal funding to make improvements to the launch ramps and other
facilities. So the restricted area around SF has a couple of
corridors where PWC are allowed to get to the ramp and gas docks.

"Curtis CCR" wrote in message
om...


Some of the cases referenced in this memo may be a start.
http://www.dos.state.ny.us/cnsl/waterway.html


That's a really good article.

On Wed, 04 Feb 2004 19:52:28 GMT, "Doug Kanter"
wrote:

"Curtis CCR" wrote in message
. com...


Some of the cases referenced in this memo may be a start.
http://www.dos.state.ny.us/cnsl/waterway.html

That's a really good article.

Agreed.

Later,

Tom
S. Woodstock, CT
----------

"I thought I'd just go fishin', but the fish
were not amused. And I caught myself just
wishin' that I was in the fishes shoes. Just
swimmin' in some deep blue water not a care
in my head, watchin' some fool with a line
and a pole hidin' by the riverbed."

Joe Ely, "Back To My Old Molehill" - "Flatlanders,
Wheels of Fortune - 2004"