VIRGINIA BEACH
The city cleared a major hurdle to a sand replenishment project along the Chesapeake Bay on Friday.
A Circuit Court judge ruled that Virginia Beach can condemn a portion of beachfront property and take the land for public recreation and sand replenishment.
“We’re moving forward,” said Chris Boynton, a city attorney, after the three-day trial.
Beach officials and four Cape Henry property owners and condominium associations have been locked in a dispute over the land for several years. The city needed the recreational and construction easements over the property so that the Army Corps of Engineers could pump sand from a dredging project onto the beach from the Lesner Bridge to First Landing State Park.
Most Cape Henry property owners wanted the sand to protect their homes from storm damage and turned over the easements, which also ensure that the beach is open to the public.
Some landowners west of Jade Street argued that they didn’t need the sand and had deeds proving that the beach was their private property. They offered to allow the Army Corps onto their property to help their neighbors but refused to sign off on a public recreation easement. They also argued that the city undervalued their property.
“They’re disappointed,” said Henry Howell III, who represented the 3232 Page Avenue Condominium Association. “They know it’s tough to take on the government.”
The Virginia Marine Resources Commission will decide Tuesday whether to modify the city’s permit for sand replenishment to include all the properties west of Jade Street.
The Army Corps plans to bid out the work for the dredging and sand replenishment by the end of the month, Boynton said.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
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After the owners' beach property is seized from them
It will only be a matter of time before the daytripping whiners come out to complain that the beach-front homeowners aren't allowing them to park in their driveway or are putting sand fences out to restrict their access. I'm surprised that they haven't already complained that city tax money is being used to build out the beach. Life is just so unfair.
Judge's Ruling
In my strong opinion, taking over a private beach that the property owners have themselves made many improvements on over the years to protect it from beach erosion, is wrong! The condo association at 3288 Page Ave. planted the proper type of grass that holds sand in place and sand dunes developed over the years. The building isn't right up to the high tide mark such as other Condos along that strech of beach. It's not in danger of washing away like the property at the Old Duck Inn. And to make it accessable to the public would be a nightmare, for the parking along Page Ave and other side streets is bad enough as it is. I am betting donuts to dollars, people living in Cape Henry Towers don't want the public to come wandering through the property/parking lot to access the beach! How about this idea: Make the property at the Old Duck Inn site, a public beach? There's plenty of parking and it's all wide open!