Californians Need Beaches--Maybe Yours
Finlay, Susan P. & Van Til, David J.
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Abstract
Our nation faces a serious problem of congested recreational resources as a result of a rapid increase in population compounded by concomitant increases in urbanization and leisure time. These factors simultaneously increase the demand for more public recreational areas and reduce the amount of space available. Necessarily, this expending demand comes into conflict with the private property rights of those who hold title to lands particularly suited for public recreational purposes. A recently litigated aspect of this conflict involves the ownership of the beach areas of our nation's sea coasts.
Public interest demands public use, access, and enjoyment; traditional property concepts permit title to the vast majority of beaches to be privately held... It will be the purpose of this note to examine the effectiveness of some current judicial and legislative attempts to resolve this conflict. In addition, possible alternative approaches, in accordance with general public policy, will be suggested.