Search This Blog

Tuesday, July 19, 2022

7/19/22 Report - South Florida Hurricanes. Legal: Riparian Rights and Mean High Water Line. Killol.

 

Written by the TreasureGuide for the exclusive use of the Treasure Beaches Report.

Source: See link below.


Miami is the most at risk city for major hurricane damage.  Did you get your home insurance bill for this year?  Wow!  Groceries also going up like crazy too.  Don't know how people are making it.

Here is the link to the story about Miami Hurricanes.

Miami In The Crosshairs - Spirit Daily Blog

---

Here is a cool video of a wave crashing a wedding.

Wild video shows wave crash beachside Hawaii wedding | Fox News

---

Riparian rights is an  important concept for detectorists.  Riparian rights gives citizens the right to walk along state owned waterways.  Riparian rights also gives landowners the right to build a dock out into state owned waters, but there is always someplace where beach-side landowners try to make the beach private and ban the public.  That battle rages and calms from time to time in different places.  I've run into it before.  It is good to know your rights, but it is almost impossible to know the law since the laws are so complex and there can be multiple governing agencies involved.  

One concept you should be familiar with is what is called the mean high-water line, which separates state land along a waterway from any adjacent private land.  Although people tend to talk about wet sand and dry sand as being an important indicator, it has no legal implication as far as I know.  The mean high-water line, on the other hand is more meaningful.

Below is one definition of the mean high-water line. 

The mean high-water line is defined as the line where the arithmetic mean of the high-water heights observed over a specific 19-year metonic cycle (the National Tidal Datum Epoch) meets the shore and shall be determined using hydrographic survey data of the National Ocean Survey of the U.S. Department of Commerce.

Here is a link for more on the defintions.

Mean high water line Definition | Law Insider

According to the definition I presented above, the mean high-water line is not something you can see.  It is an average determined over a period of 19 years by hydrographic survey data.  Nobody walking the beach will know exactly where that line is.  And it is recalculated periodically.  

If you own beach front property you may lose or gain land as the mean high-water line moves.  Also, if you are a detectorist, erosion will sometimes make land that was once private available when the mean high tide line changes.

When new sand is added to the beach, however, in some cases that I know of, the landowners did not get additional property when the mean high tide line moved seaward.  In those cases, the owner's land ended at the erosion control markers, and the public maintained ownership of the newly added beach, however the larger beach in front of hotels benefited by having a larger beach.

It is really a complicated question.  I have on one occasion called the government officials when a lifeguard at a resort told me that I couldn't detect in front of the resort.  I know the lifeguard didn't know the laws.  The officials told me I could detect back to the erosion control markers.  While I wouldn't start any arguments with security guards, it is good to be somewhat informed.  Seldom are security guards, or police, for that matter, up on all those laws.  They usually just do their best to do what they are told to do.

I'm not going to try to explain or break down the relevant laws. I can't.  It takes attorneys and judges to make a decision.  The above is just my general understanding.

Often it comes down to customary use.  In my terms, that simply means that if people have been doing something at a location for a good period of time, such as sunbathing or walking along a beach, that precedent can have some legal bearing.  

Use good sense and avoid making trouble for yourself.

---

Birx is back.  She returned after resigning when she was found not exercising the the same precautions that she pushed on the public.  She wanted to visit her elderly parents, but so did everybody else.  They just can't stay away from their high-priced cushy jobs.

Anyhow, Birx tells how COVID-19 emerged from the Chinese city of Wuhan in 2020, it “came out of the box ready to infect.”

Here is that link.

Birx: Covid Was Strangely Ready To Infect ‘Out Of The Box’ (spiritdaily.org)

---

Electric Bug Killol Bottle.

I recently added information on this Electric Bug Killer bottle to the TGBottle.Barn web site.  I've seen it sell for $75.  It is another Treasure Coast area find.

See TreasureGuide's Bottle Barn (tgbottlebarn.blogspot.com)

---

Nothing new on the National Hurricane Center map yet.  No other important changes to note.

Good hunting,

TreasureGuide@comcast.net