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You asked for a summary of the law regarding public access to beaches under the Public Trust Doctrine including access to the beach area. Specifically, you asked for information on Connecticut and New Jersey.
Beaches between the high and low water marks are part of the public trust in Connecticut and New Jersey as well as other states. The public trust is a common law doctrine. Essentially it holds that the state, on behalf of the public, holds title to the navigable waterways and lands beneath them and the living resources inhabiting them. This includes the beaches below the mean high-water mark.
The customary right of access had long been ignored by courts and legislature. Oregon is generally credited with resurrecting the customary right of public access to dry-sand beaches. Several New England States and New Jersey also have recognized the right. Connecticut's Supreme Court has rejected customary law theories.
The idea that the public has a right to access and enjoy the seashore has ancient roots dating back at least to the sixth century Roman code of Justinian. The right was imported into the English common law tradition and through that to the United States after the American Revolution. Every state, upon recognition of statehood, receives ownership of the public trust lands.
The Public Trust Doctrine exists in every state. Under the doctrine, states hold special title to the tidal and navigable water, the lands beneath them, and the living resources that inhabit them. Specifically, the state holds title to the beach area waterward of the ordinary high tide line. The state holds the title in trust for the benefit of the public. The public has a right to use and enjoy the public trust lands for a variety of purposes such as fishing and bathing.
In theory, the title to public trust land has two components (1) the public trust (i.e., jus publicum) and (2) the private property rights (i.e., jus privatum). This theoretical split in title allows private property owners abutting the public trust to acquire a portion of the title for limited rights to use the public trust land for docks and other coastal activities. But the rights are limited to prevent them from unreasonably impairing access to the public trust lands.
Several states have enacted or considered laws in the past 50 years to legislate or codify a public right to the dry sand beaches. These laws, referred to as open beach laws, take several forms. But all generally allow the public to cross and use the dry sand area.
In New England, open beach bills have been rejected in advisory opinions by the states' Supreme Courts as unconstitutional takings (see generally The Curious Resurrection of Custom: Beach Access and Judicial Takings, David J. Bederman, 96 Colum. L. Rev. 1375 (1996)). The Massachusetts House of Representatives requested an advisory opinion from the state Supreme Court in 1974 on a bill to create a right of access over the dry-sand beach. The court concluded that the bill would constitute an unconstitutional taking. In 1994 New Hampshire's Supreme Court rejected a similar bill in advisory opinion. And in 1989 Maine's Supreme Court struck down the Maine Public Trust In Intertidal Land Act (Bell v. Town of Wells, 557 A.2d 168 (Me. 1989).
In other states, such as Texas and Oregon, the laws have been upheld and opened vast expanses of beach to the public. Texas passed its open beach law in 1959 and Oregon passed its in 1969. According to Bederman, the laws in Texas and Oregon are materially different from the New England bills. Whereas the New England bills attempted to establish that a customary right existed, the Texas and Oregon laws simply said that if such a right exists under one of several legal theories the title would vest to the state. In effect they left the door open for the courts to decide whether the right existed. The courts in Texas and Oregon subsequently affirmed the publics rights. The Texas court used the traditional theory of prescriptive easements while the Oregon court took a more innovative approach.
In recognizing the public's right to the dry-sand beach, the Oregon court took judicial notice of the customary law theory to expand its decision to cover all of the state's beaches along the Pacific Ocean (see State ex rel. Thornton v. Hay, 462 P.2d 671, 672 (Or. 1969)). In that case, the state sought to enjoin Hays from building fences and other improvements on the dry-sand beach of their beach-front property. Essentially the state argued that it held a prescriptive easement on the property that would be unreasonably impaired by the construction. The court noted prescription decisions only apply to the specific tract of land in question and that deciding the case on that basis would lead to tract-by-tract litigation of beach-front property rights. Instead the court decided that the entire ocean-front of the state ought to be treated uniformly. It took judicial notice of the customary law doctrine and found that the public's access to and use of the dry-sand beach had been the custom of the land since the beginning of the state and beyond.
A lawsuit, currently awaiting review by the state Supreme Court, regarding public access to the town beach in Greenwich does not necessarily relate to the public trust doctrine as it applies to beaches, rather it argues the beach is in the public trust because it is a municipal park (Leydon v. Town of Greenwich, CV 95 0143373 S, (July 1998)).
In New Jersey the courts have recognized the public trust doctrine to give all residents access to the state's public trust land. Recently, the courts expanded the public's right to include use of the dry-sand beach (Matthew v. Bay Head Improvement Association, 471 A.2d 355 (1984)).
Purpose: The main aim and purpose of this paper to the intrinsic relationship among risk, trust and purchase decision of online shopping customers and to validate the constructs of risk and trust in the study area of Chennai city.
Theoretical Framework: The whole theory of this research leans upon the consumers' perceptions of risk and trust in online purchases arise from the need for the product and purchase convenience. The technology readiness in online transactions motivates the online shopping consumers to take their purchase decision amid risk and Trust.
Design/Methodology/Approach: The well-structured questionnaire is circulated among 750 respondents, 50 each in all the 15 zones of Chennai city and able to receive usable 511 responses. The data was investigated through statistical tools, correlation analysis, Cronbach alpha method, confirmatory factor analysis and structural equation model (SEM).
Findings: It is found that the purchase decision of online consumers depends upon their optimistic purchase attitude towards online shopping, the risk involved in online shopping and customer trust in online shopping.
Research Practical and Social Implications: This present research revealed a practical research along with social implications namely both state and central governments in India should form strategies to assure security to online shopping and even encourage even the unorganized sector to involve in online shopping.
Originality/Value: The originality of this research is the development and test of three hypotheses pertaining to the relationship among three marketing entities in perceived of consumers, trust of consumers and their purchase decision. The relationship has the empirical proof to emphasize their value.
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Authors are allowed to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (e.g. publish in institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
Authors are allowed and are encouraged to publish and distribute their work online (e.g. in institutional repositories or on a personal web page) at any point before or during the editorial process, as this can generate positive effects, as well as increase the impact and citations of the published work (see the effect of Free Access) at -biblio.html
Growing Smiles is not just another pediatric dental office. We are a stepping-stone to a healthy lifestyle. We deliver optimal oral health care for infants, children, adolescents and persons with special health care needs. Our mission is to teach both parents and children an appreciation of complete dentistry: including preventive measures, treatment of dental disease and assisting craniofacial development in a relaxing and compassionate environment.
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