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Ruling Favors Public Use of Adirondacks’ Private Waterways
The New York Times ^ | 19 Jan 2015 | LISA W. FODERARO

Posted on 01/20/2015 8:59:58 PM PST by Theoria

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To: Smokin' Joe

Not very compelling arguments.

Beaches and navigable waterways need to be accessible to the general public.

I disagree when courts generally find that owners must provide unimpeded access to the beach or waterway because that does cut through their property.

If you can’t find a property with those attributes (beach, waterway) where travelers and recreational users aren’t a nuisance, then you haven’t looked hard enough or you’re simply not wealthy enough.


41 posted on 01/21/2015 8:33:51 AM PST by Usagi_yo (It's not possible to give success. Only opportunity. Success is earned on it's own right.)
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To: MortMan; MarchonDC09122009
I am not the best person to speak of the Adirondack Park Agency... but MarchonDC09122009 linked to a website of the anti-APA people and so I will too... I don't think it makes it very clear the extent of this State Agency controls property owners. Think of them as the WORLD'S WORST homeowners association. Of the top of my head they dictate what the "approved" colors are for your house, what you may do with your property... how long a camper or trailer can sit ON YOUR LAND, and generally a bunch of assf*ckery. The APA is appointed by the governor... no recourse, no way to fight them and they expect you to jump through hoops. My line of work was reopening the old Adirondack Railroad Branch that goes from Saratoga up to Tahawus... my work was under the Interstate Commerce Clause, but the people in my office bent over backwards to satisfy these bastards at the APA for weedspraying permits on a RAILROAD RIGHT OF WAY which is governed by the FRA, the FEDERAL GOVERNMENT... not some clocksucker Democrat governers handpicked gaggle of environmental Nazis and general terrorists and abusers of property rights.

Here... try this link... or maybe a resident can explain better than I.

http://prfamerica.org/indices/APA-Index.html

42 posted on 01/21/2015 1:56:28 PM PST by Rodamala
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To: GeronL

Sorry, but you cannot deny the use of navigable waterways... at least not in PA. You can own the land around it, but if the waterway is navigable anyone may use it, you cannot prevent someone from utilizing a navigable waterway in PA just because you own the land adjacent to it.

I suspect the law is the same in most other states.


43 posted on 01/21/2015 2:05:28 PM PST by HamiltonJay
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To: Rodamala

Thank you for the link, Rodamala.
UN Biosphere preserves, Sustainable development governance, Agenda 21, are All against private property rights, and represent a serious persistent threat to property owners.
I’ve attended meetings where a paid facilitator lies and misrepresents their way thru what at first glance appears to be a reasonable presentation proposing protecting land value, community quality of life and of course, the environment.
They use marginalizing tactics for anyone who dares question the implication for property owner rights.
Its yet another threat that a conservative congress should / must address.
This newly elected congress will not.
However, I remember the likes of Tom Delay and Bob Barr, who when elected in 1994, really went to bat to hold of Clinton, and Maurice Strong’s collectivist initiatives.
Other than Cruz, where did strong conservative leadership go?


44 posted on 01/21/2015 2:10:24 PM PST by MarchonDC09122009 (When is our next march on DC? When have we had enough?)
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To: Usagi_yo
If you can’t find a property with those attributes (beach, waterway) where travelers and recreational users aren’t a nuisance, then you haven’t looked hard enough or you’re simply not wealthy enough.

That is a lovely piece of BS. The property in question has been continuously owned by the same family since 1641.

That doesn't give the madding crowd the 'right' to dump their trash and dirty diapers in what amounts to someone's front yard.

Navigable waterways? so navigate, already. Private beaches should be private. Exceptions have always been made in the event of an emergency.

Maybe those more mobile should select areas where they won't mess up private property (which isn't so mobile). The owners live there, the visitors don't have to be there. That simple.

45 posted on 01/21/2015 3:09:50 PM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Smokin' Joe

Arguments like that make me always think about the American Indian and how screwed they got just because a more advanced society decided to immigrate there.

But that’s different right? Because back then, when you had the might you had the right. Today’s might is measured in money.

So like I said. So if people are being bothered because others are enjoying a beach or a navigable waterway, then they’re simply not trying hard enough or are not wealthy enough.


46 posted on 01/21/2015 4:37:16 PM PST by Usagi_yo (It's not possible to give success. Only opportunity. Success is earned on it's own right.)
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To: Usagi_yo
Nice try. My ancestors got a land grant, but when they arrived bought the land from both tribes that were fighting over it. No one in my family stole anything. Relatives still live there, I moved west and married a girl from an older family--much older--she's Chippewa.

Nothing you have said gives anyone the right to leave a diaper full of shit in what amounts to the front yard, just because there is water over there rather than more land, any more than it gives them the right to leave it in your driveway because it abuts the street.

So save your socialist crap for someone else.

People can route around the private holdings or they can buy their own.

47 posted on 01/21/2015 7:06:40 PM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Reno89519

Public land?

Not at all.

It’s government land.

In your state, 84.5% owned by the federal government.

The reason the fed gov wants to own land is to make it inaccessible to citizens via laws. The EPA loves it.

BTW in California if you have a home on the beach, the land is yours but only to the high tide mark.
I’d rather the citizens owned most of the land, not the feds.

I trust American citizens much more than I trust the feds, YMMV.

Just wait until they close off access to THEIR land.


48 posted on 01/26/2015 4:46:56 PM PST by Syncro (Jesus Christ: The ONLY mediator between God and man)
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To: Reno89519; Utah Binger

You wanna join this conversation about water and travel/uses/ownership thereof from a western experience?


49 posted on 02/03/2015 11:34:03 AM PST by Elsie ( Heck is where people, who don't believe in Gosh, think they are not going...)
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