Beach access/tresspassing

Discussion in 'Saltwater' started by Jason Shutt, May 12, 2009.

  1. rotato

    rotato Active Member

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    i fish and clam a beach that was formerly owned by the hailey of brown and hailey candy
    they donated it to the state to reduce their tax liability
    access is not posted but its there
    good nettles and huckleberries
     
  2. Steve Saville

    Steve Saville Active Member

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    There's a difference between donating and selling.
     
  3. johnnyrockfish

    johnnyrockfish Member

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    The tax benefits of donating can often outweigh the proceeds of selling. With a conservation easement you can reduce the taxes, control how the property is used, and still maintain ownership. There are lots of options that may or may not work for you. Good luck.

    JR
     
  4. Bob Triggs

    Bob Triggs Stop Killing Wild Steelhead!

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    I picked up these links on a similar discussion on piscatorialpursuits. In that discussion some people weighed in with significant commentary.

    Public Trust Doctrine in Washington: www.ecy.wa.gov/pubs/93054.pdf

    Washington Legislation; Revised Code of Washington (RCW 79.125.001)
    http://apps.leg.wa.gov/rcw/default.aspx?cite=79.125

    When I was a boy growing up on the eastern seaboard along the Atlantic Coast and Long Island Sound shorelines the barbed wire fences ran all the way out to beyond the lowest water. people were routinely arrested for trespassing when they walked along the beaches below the vegetation lines, below the high water mark. This was true on Martha's Vinyard and Cape Cod too, and throughout New England in general. All of that has changed with court challenges and case law. There was always abuse of property and vandalism along the shorelines, well before this case was settled for public access. In my own experience I did not see an overall increase in this problem, probably because people were no longer so angry and resentful about their access being blocked off by the shoreline landowners. Most of us who waded the shoreline beaches back east saw ourselves as stewards of the beaches, no matter how we fished, we were in agreement on that. Lets not forget that these are some of the most populated, heavily developd shoreleine areas in America too. Even with the private beach boundaries here in Washington, and the odd patchwork of ways in which that is interpreted and enforced, this is still a tremendously opportune region for shoreline wandering and fishing.

    There are development and construction interests whom propose to build along our shorelines, to welcome some estimated 1.5 to 2 million more souls to the Puget Sound region over the next 15 years. This should be cause for concern when one considers what has already happened to public beach access over the past 100 years along these beaches and bluffs.
     
  5. Steve Saville

    Steve Saville Active Member

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    Our property has been in the family since 1934. We aren't about to turn it over or donate it. As long as we caqn afford the taxes, we'll pay for the right of ownership rather than take the chance that it might be kept from us. When I'm gone, my daughter, who is an attorney will help with the issue. Until then, we retain that control.
     
  6. kelvin

    kelvin Active Member

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    property lines extend to the med low water mark thats it

    however this does not mean you will not have to deal with some ahole who thinks the open ocean is all theirs
    because they bought waterfront property

    mostly if your cool they are keep that in mind

    also claimining to be their neighbor helps
     
  7. Ken Hunter

    Ken Hunter Member

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    We're not talking about giving away the land. As Bob Triggs wrote, we are just talking about simple public access by people who for the most part are good stewards of the beach. It seems to work in Oregon and California.
     
  8. gt

    gt Active Member

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    so just how is it going to work to purchase back the property those water front owners are paying big buck taxes on each and every year?
     
  9. Go Fish

    Go Fish Language, its a virus

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    My taxes for waterfront are $3000 a foot. I have 105 feet.
    Please send me a check for $315,000 asap.

    David
     
  10. johnnyrockfish

    johnnyrockfish Member

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    Whatever works for you. I only mentioned the conservation easement idea because you complained about paying high taxes on a high bank, unbuildable lot. You might appeal the assessment if it's really undbuildable.

    Good luck and out,

    JR
     
  11. johnnyrockfish

    johnnyrockfish Member

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    you can place the land in "open space" designation which reduces taxes but still doesn't allow public access. Contact your county assessor's office or your local land trust if you have one. Several options exist.

    JR
     
  12. dryflylarry

    dryflylarry "Chasing Riseforms"

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    Hell, that's cheap David if that is with a home on it! You do mean your asessment right? :)
     
  13. Steve Saville

    Steve Saville Active Member

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    We do apply for a reduced assessment, every year. It has to be done on a yearly basis as if the land would change. And, we do allow access to our beach. We ask only to leave it clean and free of debris. The point is, it is ours. We have passed it down through three generations and will do so in the future as long as our descendants wish that. After we are gone, if they choose to sell or donate or designate it as open space, that will be their joint descision.
     
  14. Go Fish

    Go Fish Language, its a virus

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    Larry, the $315,000 is just for the waterfront. The house is
    in addition to that. Luckly I'm in Mason County which has very
    low property taxes.

    David