The Virginian-Pilot
©
VIRGINIA BEACH
The Cape Henry beaches have been public for years and the city doesn't have to pay adjacent property owners after condemning the shoreline, a Virginia Beach judge ruled on Thursday.
Circuit Court Judge A. Bonwill Shockley gave Virginia Beach officials a major victory in their long-running dispute over who owns the sandy shores along the Chesapeake Bay.
Visitors from throughout Virginia Beach have picnicked on the beaches, city crews have picked up the trash there and local police patrolled the area, Shockley said.
"It's a significant win for the city's taxpayers," said Chris Boynton, a city attorney. "This is about a larger principle of public access to the beach."
The owners of 3232 Page Avenue Condominium wanted the city to pay them $152,000 for slightly more than a quarter of an acre.
The city condemned the property in 2009 for a beach replenishment project.
City officials initially offered the condo owners $4,000 for recreation and construction easements.
A jury earlier this summer said the property was worth $152,000, but Virginia Beach attorneys argued that taxpayers didn't have to pay the amount because the public already had a right to the beach.
Thomas Sheets, a condo owner, said he's disappointed by the decision and plans to appeal.
The case was about property rights, Sheets said.
"To me, it wasn't the money," he said. "It was the idea that the city can come and take your property."
Unlike most other waterfront property owners, those along the Chesapeake Bay have deeds to the beach.
Virginia sold the land along the Chesapeake Bay in 1868 to settle the mounting debts of the Civil War.
Many property owners between the Lesner Bridge and First Landing State Park signed over public easements to the beach in exchange for the sand replenishment.
But Sheets said the beach in front of his condo was still wide and he didn't need the sand.
Despite the outcome of this case, Sheets said, he'll keep the "Private Property" sign on the beach in front of his house.
Similar court cases are pending against three other Cape Henry property owners.
This decision will probably dictate the outcome of the other cases, Boynton said.
Henry Howell III, an eminent-domain attorney who represents another Cape Henry condo association, said there are some differences among all four cases.
"Will it have a bearing, will the owners react one way or another?" Howell said. "Sure, they will. But they'll have their day in court."
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
Delicious
Digg
Reddit
Facebook
Twitter
Google
Yahoo
Correct me if I'm wrong
I thought a home's assessed value could be based on location. So, an "ocean-front" home of a similar size and age as a home across the street that is only "semi-ocean front" could have a higher assessed value because it is in a more desireable location. If the home is on the water front, then it has beach access out the back door and a better view than a home that isn't - even if the city has an easement from the waters edge up onto the beach I would think the ocean-front home would be assessed for a higher amount and therefore the owner would pay more taxes, right?
The Duck Inn always tried to
The Duck Inn always tried to rubber stamp me while I was fishing next to the Lesner.
Of course opine told them to kiss his grits.
It is generally nothing to
It is generally nothing to celebrate when at the end of the day government owns more and people own less.
A question
Does this mean "We the people" can access/fish all along the beach anywhere? The area of the old Duck-in? In front of Cape Henry light? The forme Indigo Dunes project? If this is true then the signs need to come down.
beach
I also live on/own the beach. I am happy to see there's people enjoying it. I personally have not touched it in years because I am too busy golfing. I do enjoy looking out and seeing people having a great time on "my beach". To be sure this is NOT about "Mr. Wilkens" being upset about pretty girls in g-strings dancing on "his beach". I suspect it is more to do about the government (Va. Beach City) telling Mr. Wilkens where his taxable property is and isn't, regardless of what his property deed describes.
Dennis the Menace is on the Beach
Mr. Wilson is really mad at Dennis. Seems Dennis and Joey are playing on his beach. Poor Mr. Wilson, nothing to do in his old age but sit around the condo and look for any old way to get a law suite cooking. How dare someone enjoy his beach? Probably will take his sign that reads "No trespassing on this Public Beach and sit around all day baking and roasting in the hot sun to make a point about nothing even if it does make a total fool out of himself. So good ole Mr. Wilson get your sign and get your bonnet, and we will get our bogey boards and then dance all day around the Beach Scare Crow known as Good ole Mr. Wilson.
nuther reason
...to stop allowing the mass exapansion of those obnoxious condos and townhomes near the beach. Beaches have always been and always will be part of the public domain. Otherwise those property owners shoould owe the city back taxes for the expense put out to replenish and keep them clean. Just like John Stossel sez...Gimme a break!
Beach
The city also has easement rights to your property as well in the form of sidewalks "open to the public." I suppose then the city should be able to condemn your property up to your front door based upon the precedent of "public use?" Use of the property does not equal ownership. These owners have been paying taxes on this property since they purchased it. The sand thrown on the beach protected the city's tax assessments and collections. If the city hadn't replenished the sand the value of these properties would diminish and the city would collect less tax revenue. Now the city gets to have it's tax collection cake and eat the property as well.
"Private Property"
"Despite the outcome of this case, Sheets said, he'll keep the "Private Property" sign on the beach in front of his house."
Where does this guy live? I think I'd like to take the kids for a swim.
Great Idea!
Then when your done in Va Beach, head over to Hampton to hang out in front of the other guy's beach. You know, the one who has a steel chain running all the way down to the water. I guess he can keep people off of his beach, but if we all hang out with floats in the water below the mean low mark, all he can do is turn red in the face. It's legal to drink beer out there, too!