59°Who owns the beach? Court to decide
Feb 01
2011
Who owns the beaches?
Years of legal battles over property rights along the Lake Erie shore may finally come to an end when the Ohio Supreme Court rules on the matter in the next few months.
The court planned to listen to oral arguments today in Merrill vs. State of Ohio, a case to decide who has rights to a strip of land between the water's edge and the ordinary high water mark along Ohio's 312 miles of Lake Erie coastline.
When that land is covered with water, everyone has access to it. Public access to the lake itself is protected by law.
But property owners along the lake argue that they own the portion of the land that is dry. They say efforts to declare the land public property amounts to a land grab.
Environmental groups such as the Ohio Environmental Council contend the land belongs to the state. The council's director of legal affairs, Trent Dougherty, says that Michigan and Pennsylvania guarantee that citizens have a right to walk along the coastline up to the high water mark.
The Ohio Supreme Court is expected to rule within the next few months.
Until that ruling is issued, it can't be known whether there's room for an appeal to the U.S. Supreme Court.
Dougherty, however, says the contest is a "state property issue, a state court issue," and so does one of his chief opponents in the case -- Tony Yankel, president of the Ohio Lakefront Property Group.
"It's not a federal issue. It's a state issue," Yankel said. "The chances of the U.S. Supreme Court taking it are extremely remote."
Yankel said the Ohio Lakefront Group has about 7,000 members, including about 1,200 who own property along the lake in Erie and Ottawa counties.
A common pleas court and an appellate court sided with the Ohio Lakefront Group. Environmentalists appealed to the Ohio Supreme Court.
Ohio's previous attorney generals have sided with environmentalists in the case.
The state's new attorney general, Mike DeWine, is taking essentially the same position as DeWine's Democratic predecessor, Richard Cordray.
Yankel is not pleased.
"It is disappointing that Attorney General Mike DeWine has chosen to follow the lead of disgraced Attorney General Marc Dann and defeated Attorney General Richard Cordray, and defend state efforts to take citizens' private property," Yankel said in a news release issued by his group.
In a telephone interview, Yankel said DeWine told him he sympathized with the property owners.
DeWine said Monday he still does, but that his hands are tied, because he entered the case so late. Cordray submitted briefs in the case months ago, DeWine said.
"I represent the state. The state can't change the position, and the attorney general's office can't change the position dramatically after the briefs have been filed," he said.
During today's arguments, the attorney general's office will emphasize the word "ordinary" in the phrase "ordinary high water mark," DeWine said.
DeWine said property owners will be affected not only by the decision but by how the Ohio Department of Natural Resources enforces it. He said his office will urge the ODNR to be respectful of property rights.
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06:05 AM
janecamron says
There is always going to be a situation like this one where the marina is a private property or allowed for access to the public - this will always be a conticious issue. Like a part of the land that is sold to a private person if a beach property is sold then it should be allowed to be held privately.
There should be clear laws on such matters.
Jane @ St Barth
06:06 AM
JackBenny says
Maybe squatters can start living on the beach during the summer and help drive down property values even more. logo Design Pros02:29 AM
JonathanTrott says
This was really a very interesting article that I really do appreciate. Research Paper Help Term Paper Help Essay Help book report help Dissertation Help
10:36 AM
goofus says
How can one enjoy his property if the great unwashed are using it.
10:34 AM
goofus says
The new castrati liberal intellegencia is arguing with one of the few persons that actually knows what a meme is without looking it up. The last person I heard using that word was Dianne Chambers from the TV show "Cheers". Fond of ladies clothes? Your last sentence was absolutely outstanding. I never heard of one living forever, so in essence when you own property you are merely renting it . It either is passed down to heirs or you die and it is sold again to the next"renter". You are so smart Pundit to come up with that gem of an idea.
10:27 PM
Raoul Duke says
If everyone has access to land covered in water, then how can a marina be private property?
06:24 PM
brutus smith says
goof, do they have a local Community College down there for you to take some comprehension classes?
05:52 PM
goofus says
Why should they pay taxes on property other people are enjoying, oh I get it, it's that old redristributing the wealth thing. Gosh pundit, you must be a genius. I guess public beaches are not an option.
05:49 PM
goofus says
The liberal intelligencia from the new castrati has spoken. It's the community that will clean up the beaches, and not the state. Thank you oh so noble and wise man.
05:42 PM
charisma says
The state of Ohio and all of it's water lined areas belong to the people of Ohio. Are we not all taxpayers? If you look more in depth, there may be a more reasonable solution to this verbal altercation than the absolute decision that, such and such, owns this specific stretch of property. Maybe there should be a division of the land where it is acceptable for the public to legally stroll past the lake without disturbing the homeowners on the waterfront. If the Private landowners are unhappy with this idea than perhaps they should put forth an extra amount of tax in order to claim the property as unaccessable to the other public. As taxpayers in the state of Ohio we have rights to the beach, you want more rights to the beach; (please excuse my forwardness), pay for them.
04:56 PM
Pundit says
First of, it would be great if the Palin conservatives would stay in Florida, its a great place where millionaires pay no income tax and it cost 8 dollars to park at state parks. Ya'll could find a local news source down there and comment on every. single. story.
Anyway this case brings up the meme I like to call "the cult of the property owner". Politicians and conservative blowhards love to back these, typically, inheritors, of great wealth. It sounds blue collar and the basic concept is easily understood, which is what propels the conservative dumb and poor, rich and selfish axis.
You live in a densely populated part of a densely populated state. You are not alone on some 1000 acre plot, you are on a piece of land that abuts the land of others, government land, and government roads The lake is community property as is the shore, so deal. From the time of this nation's founding a basic principal is that land is not owned in perpetuity, and you pay tax on it to pay for the services you enjoy.
02:24 PM
goofus says
No Digger, I'm up here north of Orlando 35 miles south of Daytona off of I 4
01:55 PM
digger nick says
Goofus, we are both in Fort Myers Beach Yes?
01:18 PM
goofus says
80 here today also, Brutus is mad because he couldn't make the McMuffins this morning. He's sitting around looking for posts to report. I'm just laughing to myself about the posibility of the pristine beaches along the chaussee being littered with pampers , 40 oz. empties and KFC boxes!!
01:16 PM
lonepalmoh says
If the state then owns the lakefront property those who own property "on the water" should not be charged higher property taxes for lakefront property. Its not fair to charge more simply because you can see the water. The State shouldn't have it both ways by sticking it to the landowner.
01:06 PM
digger nick says
Since the Packers will probably win and we only hang around winners you are probably right Brutis.
Goofus, I think Brutis is in a sour mood due to the weather up there. What a beautiful day here, probably going to hit 80!
Brutis, you should have remembered your 6 -P's
Proper Planning Prevents Pi$$ Poor Performance
12:50 PM
brutus smith says
Hey nick, I thought you and goofus would be with the "Packers".
11:58 AM
digger nick says
Hey now Brutie, that's not a minimum wage job. I think the snowplow man might be offended by being called one of your rank & file.
11:19 AM
brutus smith says
It's a good thing the Socialist snow plow drivers make it so people can get around.
10:36 AM
digger nick says
Brutis, I thought you would be down at Tsubaki looking for the escape from your all opressive minimum wage job so you could grow up ro be a Republican. I am sure it's someones fault you cannot get there. Yea, thats it, you are being oppressed by corporate America with all this snow.
10:13 AM
goofus says
Brutus, so early, no McMuffins to make today? Too much snow?
09:59 AM
brutus smith says
winnie says,
09:49 AM
goofus says
Is the state now responsible for cleaning up all beaches from Toledo to Conneaut?
09:33 AM
6079 Smith W says
08:44 AM
goofus says
Even with their defeat, the legacy of the fools live on! Will the property owners appraisal's come down and enable them to pay less taxes? Or are they just going to be bothered by rabble leaving litter on their beach?
08:35 AM
Just Thinkin says
It's OK for the State to take private land for all, What about Westvaco was not that given to the people of SANDUSKY ? and now it's given to a chosen few, The State should worry about getting that kind of property back in public hands first,