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Because of the heavy demand for waterfront property, the number of beaches that remain open to the public is shrinking. Of the land suitable for recreation along the Atlantic and Gulf coasts more than 90% is privately owned. The State of California has so many miles of beaches that, for the moment, its inhabitants need not worry about a place to swim, but a recent court fight may prove ominous. The state lost a suit against a real estate firm that ran a fence in Marin County across the beach almost to the summer high water mark. Since the mark is 80 feet higher during winter, the state wanted the company to move the fence with the seasons. An appellate court indicated that the fence may go to an average high water mark—which means that the beach would be completely closed off at times during the year.
No Fence. A similar case will be argued next month before the Oregon Supreme Court. In that state, a motel owner is appealing a lower court decision that denied him the right to erect a fence around a beach. The state claims that the public has traditionally had the right to cross the dry sand area to reach the wet sand. Moreover, a 1967 law requires anyone who wants to build a fence on this land to first get state permission. Texas passed an "open beaches" law in 1961 that permits public access to all beaches in the state. Nonetheless, because of public indifference, land speculators and motel owners continue to close off beach land.
As for Miami Beach, Mayor Dermer charges that the hotel owners have "stolen the beaches" by persuading previous city councils to grant them broad rights to the property. In reality, Dermer argues, they only hold the land in trust for the public. Two years ago, he persuaded the city council to file a suit against the mammoth Versailles Hotel as a test case. As the nation becomes more concerned with preserving its recreational resources for all the people, there is likely to be more litigation —and perhaps legislation—to reassert the rights of the public to the beaches.