Parts of private Cedar Beach accessible to public

There are 20 comments on the Feb 22, 2009, Newsday story titled Parts of private Cedar Beach accessible to public. In it, Newsday reports that:

At Cedar Beach in Mount Sinai, there is a playground and nearby is a sign that reads "private beach ahead." I have heard mothers scold children who crossed that apparent property line, but I believe that either ...

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Chris Cull

Belmar, NJ

#1 Feb 22, 2009
So when is the sign at Cedar Beach going to be modified to show that it is NOT an "All Private Beach" as it reads now? If it is NY State property, where is the access for NY State taxpayers? Enough "Taxation without Public Access"! If it's State property we should have access.
fisherman

Peekskill, NY

#2 Feb 22, 2009
It is too bad that the Town of Brookhavens town board has banned fishing at Shoreham Beach in spite of all evidence that what they are doing violates the Public Trust Doctrine. People have been fishing at this beach for years without problems and now they are no longer allowed to fish there.

The town needs to reinstate fishing at this beach or they will surely lose a court fight. There will be political ramifications to this also as there are thousands of fisherman and residents who are against this ban.
No DDT see

Coram, NY

#3 Feb 22, 2009
"Public Trust Doctrine"??? How does a ban on fishing violate that??
dog owner

Belmar, NJ

#4 Feb 23, 2009
Are dogs allowed on leashes on NY State land? The sign at cedar beach placed by the homeowners also forbids dog walking "all seasons". If the shoreline is not private property but NY State land, what rules apply?
Pearls before Swine

White Plains, NY

#5 Feb 23, 2009
Any of youse douchebags walk on that beach with your mutts I give ya load of buckshot up yer crapper.
Jim Beatman

Belmar, NJ

#6 Feb 23, 2009
Kudos to Newsday and Ms Ludwig/Cull for highlighting the ambiguity surrounding the right of public access to the waterfront. This issue is of paramount importance, not just locally but to citizens nationwide who cherish their proximity to the coast and are all too often denied their rightful access because of the aggressive territorialism of local townships or privileged homeowners. The clarification that Mr. Resler provides is reassuring but Iím still wondering how our rights can be affirmed on a broader scale. Yes, think globally, act locally, but how? Should I go to Cedar Beach with a shovel and a chainsaw? Or dare we hope that this issue will be addressed by those who are obligated to protect public interests (by any other name, our elected officials, our government)?
fisherman

Peekskill, NY

#7 Feb 24, 2009
The town of Brookhaven has stated that anyone who possesses a fishing rod on Shoreham Bach, which is a public beach will be issued a summons. Can you imagine that, people pay huge taxes for access to resources yet the town will summons them for stepping on to the beach with a fishing rod. PTD guarantees peoples rights to the water ( see below). Brookhaven town is prohibiting access to the beach and violating the PTD.

"The Public Trust Doctrine provides that public trust lands, waters, and living resources in a State are held by the State in trust for the benefit of all of the people, and establishes the right of the public to fully enjoy public trust lands, waters and living resources for a wide variety of recognized public uses".*

In New York State the public trust waters are the waters of the State, and the public trust lands are the lands now, or formerly, beneath those waters to the high water mark. The living resources inhabiting or dependent on these lands and waters are also subject to the Public Trust Doctrine. On Long Island, as a result of colonial era grants, some of these public trust lands are held by the towns.

The Public Trust Doctrine is particularly important in establishing the public's right to use and pass over the foreshore of tidal waters. In Tucci v. Salzhauer (336 NYS2d 721), a case involving the use of land in Hempstead Harbor, the court defined the public's rights in the foreshore:

When the tide is in, he may use the water covering the foreshore for boating, bathing, fishing, and other lawful purposes; and when the tide is out, he may pass and repass over the foreshore as a means of access to reach the water for the same purposes and to lounge and recline thereon.

New York courts have long upheld the principle stated in Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892). In this landmark case, the Supreme Court held that the state cannot divest itself of its public trust interest. The court said that the state's title to underwater land:
Mario

Southold, NY

#8 Feb 24, 2009
very interesting,thanks
Dog Walker

Belmar, NJ

#9 Feb 24, 2009
Pearls before Swine wrote:
Any of youse douchebags walk on that beach with your **** I give ya load of buckshot up yer crapper.
This sounds like the guy who made the signs. You are pretty vesratile, the printer of the signs AND the protector of the kingdom.
I'm feeding my dog a big can of beans before we come to your beach.

Your threat will only serve to cry out louder that it is your attitude that is the problem here. No one wants to walk on your property, but we are ENTITLED, as tax payers, to access the beach. This may not have been brought to ANYONE'S attention if it were not for your offensive signs.
Maybe I should resister an offensive domain name and set up a web site at www.IamBringingMyDogToPoopOnYourBeach.com and let other people who are frustrated with attitudes like yours have a place to vent.
Mario

Southold, NY

#10 Feb 25, 2009
DOG WALKERS of LI Unite...Our first meeting will be at Cedar Beach a taxpayers beach. Time to enjoy nature and take a walk along the waters edge, end to end. Say NO to false gods who claim to own the beach.

sign, signs, everywhere are signs, don't do that, can't you read the sign!
liner

Hicksville, NY

#11 Feb 25, 2009
Dog Walker wrote:
<quoted text>
This sounds like the guy who made the signs. You are pretty vesratile, the printer of the signs AND the protector of the kingdom.
I'm feeding my dog a big can of beans before we come to your beach.
Your threat will only serve to cry out louder that it is your attitude that is the problem here. No one wants to walk on your property, but we are ENTITLED, as tax payers, to access the beach. This may not have been brought to ANYONE'S attention if it were not for your offensive signs.
Maybe I should resister an offensive domain name and set up a web site at www.IamBringingMyDogToPoopOnYourBeach.com and let other people who are frustrated with attitudes like yours have a place to vent.
Or, maybe the guy's just crackin a joke....
Dog Walker

Belmar, NJ

#12 Feb 25, 2009
liner wrote:
<quoted text>
Or, maybe the guy's just crackin a joke....
I hope so... Besides, with our dog, we would be coming with the little blue bag to collect anything left behind.
fisherman

Peekskill, NY

#13 Feb 25, 2009
Mario wrote:
DOG WALKERS of LI Unite...Our first meeting will be at Cedar Beach a taxpayers beach. Time to enjoy nature and take a walk along the waters edge, end to end. Say NO to false gods who claim to own the beach.
sign, signs, everywhere are signs, don't do that, can't you read the sign!
The fisherman will be there with you also :)! All the beaches are tax payers beaches. Some people may own some beaches up to the high water mark, but everything below that is fair game for us. And everything below high tide mark is ALOT of beach.
Pablo

Bronx, NY

#14 Feb 25, 2009
Us Mexicanos will enjoy the public beach too si
eisey

Lakewood, NJ

#15 Feb 26, 2009
Why am I paying taxes for land I am banned from?

Why are the public points of attraction that bought me to the Town of Brookhaven being switched to "private property"?

When was the public hearing to give up MY land held?

Theft of services?

Corrupt politicians?

Crookhaven?

Is there any responsible politician out there willing to help a registered voter understand this?
mr suburbia

Union City, NJ

#16 Feb 26, 2009
In these trying times, maybe a walk on the beach is the only entertainment a family can afford. It's time for the culture of this country to change. Why should just a few decide what is allowed with made up laws and falce signs that give only themthe advantage.
Greasey Guierllmo

Bronx, NY

#17 Feb 26, 2009
Si maybe I come and poop on the beah and take all the fish no matter how small,my family will enjoy pooping on the beach too,please pick up any and all garbage we leave
fisherman

Peekskill, NY

#18 Feb 27, 2009
Any one who does not use the beach responsibly and breaks the laws should be dealt with by law enforcement. The town hired 9 park rangers expressly for this purpose, if there are people breaking the law at the beach these park rangers should be used to curb this behavior.

Law abiding citizens should not be banned from using their parks because of the actions of others.
Summer Breeze

White Plains, NY

#19 Feb 27, 2009
Stay off my beach.
Greasey Guierllmo

Bronx, NY

#20 Mar 1, 2009
hope you dont mind stepping on my broken corona bottles,the cops wont bother me,I am an undocumented immigrant

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