The Virginian-Pilot
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VIRGINIA BEACH
A judge again ruled that the public has a right to use the Cape Henry beaches, providing city officials a second victory in their legal battle over a sand replenishment project.
Circuit Judge A. Bonwill Shockley on Thursday determined that the public had easements on the beach along the Chesapeake Bay dating to 1926.
The latest case involved the owners of the Lynnhaven Dunes condominiums and will likely be appealed, said their attorney, Henry Howell III. At issue was the city's condemnation of property along the Bay for a 2009 beach replenishment project. Most property owners between the Lesner Bridge and First Landing State Park signed over shoreline recreational and maintenance easements to the city in exchange for sand to widen the beach and protect their homes during storms.
But some condominium owners argued that they had long-standing ownership of the beach. The owners of Lynnhaven Dunes had asked for $2.8 million from the city for the easements.
Shockley ruled in the city's favor on a similar case in August. Two other cases over the easements are pending.
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Beach Easements
If the property owners do not want to give the city necessary Right of Ways for the beach project, then so be it.
Do not spent the tax payers money on their property. Let them hire a company at their own expense to protect their own little part of the beach.
Do what's needed
Construct the protection, and then bill the owners of the condos for their portion of the cost. That should satisfy everyone!
All or nothing
This has to be an unbroken easement due to seawater intrusion through an unprotected location. As in Holland, Dikes have to be continuous to keep out the sea; given access, the sea will flood and erode low terrain behind protected properties.