The Virginian-Pilot
©
VIRGINIA BEACH
Brian Schoenfeld expected a wider beach in front of his condominium on the Chesapeake Bay in the forthcoming winter.
He and other Harbour Gate condo owners wanted the sand from a dredging project so much that they formally agreed to let the public use the beach, even though it is private land by deed.
Now, it turns out, they may not get the sand and the protection it offers from heavy rains and winds.
In the past month, Virginia Beach officials have reduced the scope of the Cape Henry beaches replenishment project by a fifth in order to get approval. The beach between the Lesner Bridge and Jade Street will not receive any of the sand that the Army Corps of Engineers dredges from the Lynnhaven Inlet later this year. The corps will instead place sand only between Jade Street and east to First Landing State Park.
"If it stops at Jade Street, we're left with the short end of the stick," said Schoenfeld, who lives west of Jade.
Virginia Beach officials said they reduced the sand disposal area because of the ongoing legal fight between the city and four condominium associations west of Jade who have not signed over public recreation easements.
Officials from Virginia Marine Resources Commission indicated that they would deny or delay a beach nourishment permit for the entire project because the city didn't have easements from some of the property owners, said Becky Kubin, a city attorney.
The state agency was concerned that a government-sponsored beach nourishment project would benefit private property owners.
So the city left out the disputed area, "rather than run the risk of the whole thing falling apart at this cycle," Kubin said.
The debate between the city and property owners over who owns the Cape Henry beaches has been going on for six years and has cost the city hundreds of thousands of dollars in legal fees.
Most of the property owners have signed over easements. And the city is using eminent domain to try to get the rest.
The holdouts argue that they have deeds to the beach, which is their backyard. They had offered to give the city temporary access.
Louis Paulson, a Cape Henry property owner and attorney for some of the associations battling the city, did not return calls for comment.
The city this past week filed an emergency request for permission to put sand on the disputed beaches. A Virginia Beach judge will hear the request next week.
But time is running out. The Corps of Engineers plans to seek project bids in the next month.
"We're trying to do everything we can to make this happen for the whole area," Kubin said.
Those left out will have to wait three years.
That's too long when the beach is eroding quickly, said Tuck Bowie, president of The Terry Peterson Companies, owner of the former Duck-Inn site.
Deirdre Fernandes, (757) 222-5121. deirdre.fernandes@pilotonline.com
Delicious
Digg
Reddit
Facebook
Twitter
Google
Yahoo
sand replenishment cont.from below
and Private access.etc. It is my understanding that when the City conforms to this Plat the great majority of people "hold outs" if you will won't have a problem. I don't believe sand replenishment falls under Eminent Domain, or Condemnation in this instance. For the good of the Public refers to firehouses, schools, police stations, hospitals, libraries etc.not beaches. Do your homework before you make assumptions that everyone that is against this at present is unreasonable or stingy. How many people have houses on Broad Bay and the Lynnhaven River with large boats that need to get out of the Inlet. HELLO, this is why the sand is being dredged to begin with. Anyone who believes the City is replenishing the beach for the good of the residents public use of this beach is sorely mistaken. They need a spoilsite for this muck and sand they are removing and the State gives them guidelines of how often it must be done or they will lose the channel. Do you see the City providing parking for it's valued residents along the Bay where the Public Right of Way exists up and down the Beach. Not on your life. At least in Florida the State provides 5 or 6 parking spaces along the Gulf ev
sand replenishment
If anyone would bother to check facts prior to getting on their high horse about people that "can afford a Beach House" they might see things a little different. 1st let me remind you that property 50/60 years ago was not that expensive, waterfront or not. Some of us have owned our property for that long. 2nd Go to the Courthouse and look in Map Book 5 Pt. 1 Pg 71 or map book 111 page 48 for the references. You will see that Ed Lindsley earmarked lots AA through ZZ for public beach and the easements for public access where even put on this plat. Now the plat has some restrictions and some people have more at stake than just their back or front yard or "being stingy with the public". The City not only wanted an easement, they would "Own" anything on that easement. Most of us just want the City to abide by the agreement they made in 1975 when they signed off on this plat after an independent title company hired by the City confirmed Mr. Lindsley did indeed own this property which included the Beach. In exchange for Mr. Lindsley withdrawing his application for a change in zoning the City allowed him to Plat his property and restrict to certain elevations, set conditions for Public
sand replenishment vs. APZ1 downzoning
It's ironical that everyone complains about the private ownership of portions of the beach on the bay and that they might have to pay with their taxes for the sand replenishment where were these same people when 100,000 people in this city got their property down-zoned because of the APZ1 zone with regards to NAS Oceana with no voice and no compensation. I believe that would be 100,000 people paid for the mistakes of Princess Anne County, the City of Va Beach and the Department of Defense's stupidity from years past and the current. In my lifetime (I'm 55 and grew up in London Bridge) I can only recall 3 deaths related to NAS Oceana and only one was a civilian. More people have died on Va. Beach Blvd. than due to the Navy.
That's What it's All About
The City needs a spoils site for sand dredged from the Lynnhaven Inlet. The local beach is eroding in places. Makes perfect sense to dump the sand there, right? Except that a lot of the beach is actually private property and it's wrong to spend public funds to improve private property. Who thinks it's right to do that? Not me. Not the laws of the Commonwealth.
So the City asks for easements that effectively take private land for public use without the hassle of purchasing it or condemning it. That's great for the City and the Public; not so great for the private land owner.
The Corp of Engineers should not issue a permit to the City until the City legally and fairly obtains the necessary rights and permissions to the property and the City complies with all the laws and agreements already in effect, not some they made up or choose to ignore. But the City seems intent on doing what is expedient for them instead of doing the "right thing". Shame on them for not respecting the rights of all their citizens. And shame on anybody who would advocate the government trampling the rights of its citizens.
Is there no longer any respect for private property here? Would you give away y
2 questions
1. Are the residents in questions allowed to replenish the beach with their own source of sand or sand trap to keep what they have?
2. Where will the city put the dredge spoils if not on the beach?
The city has a way of always making what they want seem like the only option.
bottom line is
if public money is used to replenish the beaches, Im going to treat that beach as public. I dont care if there are private property signs, I wont keep out.
If you have enough money to buy a beach house, than you have enough money to maintain your backyard. Like a previous poster said, if this happens, than I want the City to make some improvements to my backyard.
Eminent Domain
Sometimes the law defends plunder and participates in it. Thus the beneficiaries are spared the shame and danger that their acts would otherwise involve... But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them and gives it to the other persons to whom it doesn't belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime. Then abolish that law without delay ... No legal plunder; this is the principle of justice, peace, order, stability, harmony and logic.
- Frederic Bastiat
The city filed an emergency
The city filed an emergency petition to put sand on the "private" beaches? Yet other owners had to agree to public access to the beach in order to get the sand. And still further down the beach (at Sandbridge), the city is making homeowners take down sandcatcher fences b/c (allegedly) they hinder public use of the beach---yet building dunes is the only effective way to preserve and protect the beach in the long run! Many issues here - "Condemned Beach Houses: How the Law Takes Your Home After Mother Nature Takes Your Land" - http://tinyurl.com/kp656c
Beach Land
I cannot understand the spineless jerks at Virginia Beach city council. The beach belongs to me and you, not some condo owner. Take the beaches, by force, if necessary (well not really). Eminent domain applies here if it ever has....
bunch of whiners...
move further inland. You won't have to worry about sand. You also won't have to worry about storm damage or flooding to your dwelling. Gee, your homeowners insurance will be cheaper too. Millions of people are out of a JOB and y'all are worried about ~sand~....get a life and a different perspective.