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  #1  
Old 06-02-2007, 08:30 PM
JoeyVee JoeyVee is offline
 
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Default NY Beach access? I have a major problem (LONG!)

Ok I know the law here and I know I broke it. But please read anyway.
Theres a spot I have been fishing for 20 years. Since I was a kid. I have yet to leave a piece of trash. I usually bring more trash out then I come in with. It used to be an old beach club. Now there is a private community there. Gates and all. (like they need it) But whatever. Theres like maybe 8 houses in there. I have spoken to people in 5 of the 8 houses throughout my travels and 4 of them have been really cool. 2-3 of the houses are empty. Number 5 today was a real jerk. Now I understand it is a private community. And I was wrong. But the guys a terd anyway. Lets explain what we do here
We go to the end of the street. Empty lot.. Supposedly Mariano Rivera owns it.
We then walk to the end of a very wide, stable jetty. Then we fish. This spot produces large stripers every day, night all year long. Like no other spot. Not im sure some of you western sound guys are saying hey Ive seen you over there before.
So lets get to the terd nugget I met today who walks out to the jetty and asks if I know anyone in his ghey little community. I said yes my friend Paolo from Brasil is renting a house here. I spent a day teaching this kid to fish and got him a keeper bass. He loves me and fishing and he is indeed renting a house there till the 3rd of June. So I guess that gets me by the gate legally. Then the guy starts in someone with a tattoo on his back was out here and I hate tattoos and I don’t know why anyone would get them and what kind of people they are.. whatever. Meanwhile they pray to ufcking rats in his country. But regardless he says this guy stole his dingy. Well I have a tattoo on my back but I had my shirt on. I didn’t steal his ufcking dingy. I have a boat. This spot is just THAT good. I tell him listen I’ve been coming here 20 years. I cant sue if I get hurt. I saw the sign. I don’t leave trash. We don’t party. No noise. No beers. Usually. I said I’ll even sign a waiver. Please don’t take this spot away from me you have no idea how important this it to me waah waah. I know. But really. I grew up fishing this spot with my bro.
HE says F you I don’t care if you’ve been fishing here for 50 years (im 30…. Tard) if I see you down here again ill call the police blah blah. So my friend says listen we gotta work this out were not bums were execs too (hes an electrician but whatever. Good respectful people here) I tell him I’ve got a lawyer in my office ill have him draw up a waiver waah waah. Just lets work it out. No way. Someone stole my dinghy. Dumbass probably didn’t tie it up right.
So im done crying. But I want to know how I can legally fish there. I know I can not walk down the road without an invite from someone who lives there. Paolo leaves Monday. But if I am on the jetty and the cops come its gonna suck. I figure high tide line is where his property starts (if he owns the jetty) so if I get over there with a kayak or some shit he cant say anything.. Can someone shed some light on beach access laws in NY? Please. I cant fish anywhere else right now. And it is DANGEROUS to get a boat in there. Not saying skiffs cant get in. But my boat cant. And neither can either of your guys.. haha.
And does he really own the frickin jetty? I mean he launched his stupid dinghy to go to his cheap ass sailboat so I guess he pays for access. But. . If I can get out there I can fish no?
Someone said cut the line to his sailboat one night but im guessing that’s a felony and shit they used to kill you for that back in the days and im not vengeful so.. The guys just a nasty terd.
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  #2  
Old 06-03-2007, 09:09 AM
GunnySniper GunnySniper is offline
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Default Re: NY Beach access? I have a major problem (LONG!)

You could have removed all referance to the state of New York, and that story plays out in every shoreline community on the coast.
Seems that as the people with dollars buy up the beach front, Natives or new citizen, they all of a sudden own the entire view. The most important thing here is "states rights", Rhodie actually gives it's citizens constitutional Fish and Fowl acess rights. Google or search New Yorks state regs. If you can't get specifics on shore acess contact the headquarters for your DEM or DEP whatever they call it there.
Some of the best areas to fish here have some very large "beach cottages" built along prime shoreline, and new ones shoe horned anywhere they can put them on a daily basis. They have no regard for the common man, just looking to get a fish. I have actually had a local cop come up to me on a beach asking me if I could just leave to make his life easier because some stock broker from New York didn't want to see me on the beach in front of his house. I said no of course and also informed him I had the constitutional right to be there, and if mister cash flow didn't like it he could buy some shades. The primary point I make is you can and must find the regs, know them, and be an authority on them. The major problem you have is without permission to trespass across the property of one of the owners and no other way to this area, I would say you are $hit out of luck.
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  #3  
Old 06-03-2007, 05:55 PM
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Striperjim Striperjim is offline
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Default Re: NY Beach access? I have a major problem (LONG!)

Joey heres an interesting look back at the same issue with other states and a link to NY. organization in the rockaways that utilizes the Public Trust doctrine to establish and keep access.The law in New York state is 10 feet past the high water mark. Each state has its own laws regarding who owns the beach. In most coastal states, the public owns the land seaward of the high tide line http://www.apublicrock.com/

This link is provided for your perusal in the hopes that it will proivide the proper info to irritate the living pis out of the rat worshiper. Public access law library

Ps: Check with your chamber of commerce before you walk the tidal line to the jetty just in case someone calls the cops. That organization also has a list of attorneys willing to provide legal assistance for right-of-way preservation free of charge.
Good luck. Tell him he should have filed a police report for his dinghy and educate him on the law.

an excerp If you own beach front property and really believe you own all rights to sand and water in front of your property, you were wronged
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  #4  
Old 06-04-2007, 10:15 AM
JoeyVee JoeyVee is offline
 
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Default Re: NY Beach access? I have a major problem (LONG!)

Thanks everybody. And especially striper jim. Thats just what I was looking for. I am go8ing to call one of the residents who is a japanese gentleman. He understands fishing. He lives down there. HE can open the gate. I may have to give him a nice bass once in a while but I dont care. Other than that my boat goes in next weekend ( I would still fish this spot from the rocks.... its THAT good) I think ill park it behind Habibs house and sailboat and see how he likes rock and roll too. And I may raft into the spot. But I DO want to know the laws so I can educate him and any copper that comes down. So I really thnak you for th elink. Ive been looking up Donegans patent but cant find copy of it.
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  #5  
Old 06-07-2007, 02:21 AM
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jon006 jon006 is offline
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Default Re: NY Beach access? I have a major problem (LONG!)

Check to see if its like CT. In CT there is a law stating that you are allowed to fish any beach in the state from up to 15 feet pass the high water line as long as you do not pass through private property.
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