The Virginian-Pilot
©
VIRGINIA BEACH
The city has gone to court to condemn portions of the Cape Henry beaches for a sand replenishment project.
In documents filed in Circuit Court against six condominium associations and landowners, the city claims that the public has a right to use the beach for recreation. The city also wants access to the land for beach nourishment projects.
Over the years, the public has walked the beach and police have patrolled it, city officials said. "We already feel like we have an easement on it," said Councilman Jim Wood.
The defendants - Lynnhaven Dunes, 3232 Page Avenue, Poseidon Court, Osprey Villas and Bay's Edge condominium associations, and WIR, LLC - have argued that their deeds, which date to Reconstruction, show that the beach belongs to them.
Steve Stocks, president of the Bay's Edge association, said his condo owners are willing to give up their property rights, but only for a fair price. The city has offered the association about $8,000 for the easement. The association is asking for about five times as much, based on an opinion from its appraiser, Stocks said.
"What they're asking us to give up is an awful lot, and it's permanent," Stocks said. He said the Bay's Edge owners also want some written guarantee that the city won't ever build a permanent structure, such as a boardwalk, on the beach.
The debate between the city and property owners over who owns the Cape Henry beaches has been going on for six years. The Army Corps of Engineers plans to dredge the Lynnhaven Inlet this year, and city officials want the sand piped along two miles of shore between First Landing State Park and the Lesner Bridge.
Most of the individual property owners along the shore, who have seen their beach erode over the years, want the sand for protection and have agreed to the public's right to use the beach.
Becky Kubin, a city attorney, said the Beach hopes to settle with some of the holdouts before the case is heard.
Beach Castle Condominium Association, which has denied the city a public recreation easement, is negotiating to reach a settlement.
"I don't know if we'll be able to work all these out," Kubin said.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
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Not So, Not so, Really? King George said what?
Like I said before people who can't afford beachfront land are always the first to think the public owns it. First, If the original land grants didn't say the owner owned the land to the high tide mark Virginia Beach wouldn't be going to court, they wouldn't have to. So for all of you who think Virginia Beach owned the land/beach please reconsider. Just because someone allows public access to the beach doesn't convey public ownership. Police and trash pickup from the city would not be necessary if public access was restricted. Like I said the only private beaches left will be those owned and controlled by the military and the park service. And the only reason for a beach access group is to get together all those who can't afford beach front property to take from those that do own beachfront.
Not so....
These condos are all fairly new, dating back what, 10-20 years? I remember that section of beach used to be nothing but scrub pines between Cape Henry Towers and the high rise near Great Neck Rd. Seems to me the city has owned the beach all along.......
Potty Issues
These are not public beaches. Public beaches have public facilities like toilets. These beaches do not. I used to live on that stretch of beach before it got too expensive. I've had people knock on my door to use my facilities and I've had them use my bushes when they thought I wasn't home. So, the people who live there have good cause to want to keep it private. Also, let's not forget the outRAGEous assessments Virginia Beach puts on property of this nature and be assured these folks pay more than their fair share of taxes. I'm sure if the choice were given them, the residents would forego having the city keep the beach clean: the residents would probably do a better job, they do at Cape Story. As far as police patrols, well, doesn't everybody have a right to those in their neighborhood? The problem is Virginia Beach isn't that the bayfront isn't public beach, it's that the oceanfront isn't.
Real Estate Law....Alpha College of Real Estate
HELLOOOOOO Condo Assn. According to Real Estate Law (when I took a Real Estate Course at Alpha College of Real Estate. Nobody can "own" any access to public waterways (i.e., lakes, streams, or oceans). The "easement" is for public access and if they want to "own" a beach...tell them to vacation in the Bahamas and BUY their own island. If I were the City of VB, press the Real Estate "Common Access" Law and DON'T give the Condo Assn. ONE PENNY! I don't care what the "Deed" says..the deed was written "in error" before the sale of the property (Condo) and the Real Estate Closing Attorney's should've addressed it (right then) before the property was sold. Sorry Condo Assn. you don't "own" the beach. The beach is for public access for everyone.
Newsjeff is correct....
Newsjeff is absolutely correct. Sandbridge is a prime example of what situations like these produce. Here is what will happen. The city will settle with the condo association to buy the land at an unreasonable price, the taxpayers will pay for sand, police and cleanup, and there will be NO parking anywhere close for anyone to "enjoy" what we are paying for. Here is just another example of what Sessoms claims is a "return" on taxpayer money by making sure the condos don't fall into the bay. Get real for once....
Hang em HIgh!
Excuse me, so these guy's want to own "OUR Beach". How dare them! I say tax em and tax high!! As every citizen in Virgina Beach knows full well, the natural God Given Beach Front is not for the average citizen. Some sleazy developer makes a deal to sell condo's and the city caves in and screws the citizen's of this town over and over again. we already have the pompous North End crowd that thinks they own the Public streets and can tow a law abiding citizen away for parking on OUR public streets. (And,They get away with it, look at whose on City Council). Virginia Beach citizens are nothing but a bunch of Punks for allowing these sleeze bag developers take over their property. Disgusting! Hang em High!!
Those that back the condo owners . . .
Here's the rub: it costs money to have the police patrol those beaches and keep them clean, money that the condo owners aren't paying. It will also cost money to replenish those beaches, which somehow the condo owners think they should get for free and yet not allow public access to those beaches. If they want to keep their beaches private, then they should have to pay for their own security and clean up along with pay full price for the replenishment instead of ripping off Virginia Beach taxpayers.
Why don't these property owners just settle with the City?
I don't see why the condominium associations and landowners just don't settle with the City.
That way they can continue to have free police protection and sand replenishment.
They know they can't afford to replenish their own beach.
Oh, but what about all those undesirable people on "their" beach? You know, the kids, sunbathers, anglers and beach lovers who don't own beach front property.
All they have to do is copy what's been done in other areas like Chick's Beach, Willoughby Spit and Buckroe Beach.
Put up "No Parking" signs.
That way they can still benefit from our tax dollars while keeping their beaches private.
I encourage everyone to join Virginia Coastal Access Now and help keep our beaches open to everyone.
Okay so no one should ever be allowed to own
a piece of beach front land. Boy I wish they had told me that 40 years ago. So effectively the only private beaches left in Virginia Beach will be those owned and controlled by the military or park service. Sure hope Virginia Beach lowers the assessment for these people. I'm always amazed how people who can't afford beachfront land think no one else should be able to have any either. I guess we should go ahead and declare by fiat that no one can own any beach front land because now it belongs to the public even though land ownership laws for hundreds of years have held otherwise until recent years. Beware when land deeds become meaningless. I guess we are really sliding to socialism. It won't be long before government entities will decide the public has a right to waterfront views and paths and structures will be built along all waterfront property. Just how many miles of public beach does the public need? Answer, All of it.
Condemn Property?
The condemnation of private property can only be done if the reason is a valid public need. The sticking point here is money. The law states the property owner must be compensated at fair market value. The city is trying to steal the land as the condo association is holding out for more on the results of an appraisal they had conducted. If the city is willing to pay 40 million for a 6 million dollar stretch of old railway, whats the problem with doing the same with the beach front they want so badly?