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Celebs draw line in sand over public beach access in Malibu
San Luis Obispo Tribune ^ | March 18, 2005 | ANGIE WAGNER

Posted on 03/21/2005 10:53:59 AM PST by tomball

MALIBU, Calif. - Just off the Pacific Coast Highway, where the Santa Monica Mountains tower over the ocean, some of Hollywood's biggest stars have settled into a slice of heaven.

Steven Spielberg. Danny DeVito. Goldie Hawn. Over the years, they have joined the lucky few who call Broad Beach home.

Their front yards open onto a mile-long, sandy stretch of California coastline. They spent millions to get here, and they'd like to be left alone.

Alan Latteri didn't spend a dime, and nobody's heard of him. But he figures he has as much right to the sand, surf and sun as any movie mogul.

The California Coastal Commission agrees. So do the residents of Broad Beach, as long as Latteri and others stay off their property.

The question is: Where does the front yard end and the public beach begin? So far, the answer is a crazy quilt of property lines, easements and No Trespassing signs that confuse all but the experts.

It takes a map, a tape measure and the soul of a surveyor just to figure out where to legally lay out a beach towel. A walk along the beach can require as many twists and turns as a Hollywood whodunit.

Staying in the wet sand is a safe bet for beach-goers. That's public. Beyond that, a day at the beach could involve a bucket of trouble.

Two security guards patrol on ATVs in the summer, making sure visitors don't stray into private areas. Some, like Latteri, claim they've been intimidated or harassed.

Homeowners complain that people hang out in their beachfront yards, dump their trash and defecate on the beach. They accuse the Coastal Commission of, in effect, trying to seize chunks of their land.

The commission and others say the dispute is all about guaranteeing public access to a state-owned beach.

"The problem really isn't about parking or restrooms or any of that," said Steve Hoye, founder of California's Access For All. "It's all about private property and public, and it's about privilege. People would like to think Broad Beach is private."

The clash over shoreline access goes on across the country, leading to lawsuits and disagreements in North Carolina, Michigan, Ohio and elsewhere. Private development along the New Jersey shore makes it almost impossible for the public to reach the beach in some areas.

But the battle at Broad Beach has something most beaches don't - star power. Add in politics, and pretty much everyone has an opinion about it.

"It's the wealthy against the average guy," said Jefferson Wagner, owner of the Zuma Jay surfshop in Malibu.

Celebrities have been living in Malibu, about 20 miles west of Los Angeles, since the 1920s, when Clara Bow, Bing Crosby and Joan Crawford helped turn the small community into an A-list hotspot. Today, many of Malibu's famous residents spend their summer here in homes that range from $3 million to $30 million.

The celebrities aren't eager to talk about the beach battle. But many Malibu residents support their Broad Beach neighbors and complain that the public doesn't respect the beach.

"They treat this like a huge garbage dump," said Ron Lawrence, a retired doctor out for a morning walk along Broad Beach. "I've seen people defecate on the beaches. They wouldn't tolerate it in the city."

Marshall and Winifred Lumsden aren't famous, but they live among their tinsel town neighbors in a cottage on Broad Beach, right next to one of two county-owned public pathways that lead from the road to the beach.

Families and surfers walk past their house to get to the sand, and some wash themselves with the water out of the Lumsdens' faucet.

Children want to play on the slide in their sandy front yard; dogs have run through their house. During the summer, people ask to use their restroom or plop down right in their sand.

"I'll go out and ask them to move down a little bit," said Marshall Lumsden, 82.

There are no public services on the beach - no restrooms, no lifeguards, no restaurants. But that doesn't discourage Latteri and others from wanting to soak up the million-dollar views for a few hours on the cheap.

"You gotta let us poor people have a little bit of fun," said Latteri, a 29-year-old who is in between jobs and drives here from Los Angeles.

Broad Beach visitors complain that security guards harass them or imply that the beach is private.

"He tried to scare me off," Latteri said of one guard.

The "private property, do not trespass" signs don't help explain the boundaries, either. On this day, the signs put up by homeowners claim the private property line begins 22 feet toward the ocean from where the sign is placed.

Houses next door might have an unmarked easement that allows public access.

It's so complicated that the Coastal Commission posted a map of Broad Beach easements on its Web site last year to help explain it. But who prints out a map before they hit the beach?

The Coastal Commission wants the signs and the guards removed.

"If they are really concerned about the public trespassing onto their property or breaking into their homes, they can do what most of us do. We lock our doors," said Linda Locklin, access program manager for the commission.

"Most of us live in cities and most of us have a sidewalk in front of our houses, and the public goes on that sidewalk at all hours of the day," she said. "The rest of us have all come up with mechanisms to cope."

Homeowners have nothing against the public, said Marshall Grossman, an attorney and board member of Broad Beach's homeowners association. They just have to protect themselves.

Most of the confusion surrounds the easements.

When beachfront homeowners want to develop their property, remodel or put up a sea wall, they apply for a permit from the Coastal Commission. The commission often requires owners to offer a public access easement across their property.

Fifty-two of the 108 properties on Broad Beach have lateral easements; many just went into effect last year. Easements vary in depth, but all begin where the wet sand meets the dry sand and extend back toward the homes. The public gets down to the beach from the county-owned pathways, then can move across the beach, in dry sand, along public easements.

But because not every house has an easement, the sand is a checkerboard of public and private patches. Wet sand is all public.

"As a result, members of the public and homeowners alike are hopelessly confused as to where the public can walk or park themselves and where they can't," Grossman said.

Last summer, Coastal Commissioner and Malibu resident Sara Wan went to Broad Beach and sat down on public sand with her ice chest and towel. But almost as soon as she did, she was approached by a security guard on an ATV who reminded her to stay in the public sand. When she started walking, sheriff's deputies showed up, and she had to explain she really was on public land.

"The beach is basically a public asset. It shouldn't be just for those people who bought homes there," Wan said. "It should belong to everybody."

Grossman, a former Coastal Commission member, accuses the commission of scheming to get lateral easements from homeowners by making the permit process cumbersome. He cites a 1987 U.S. Supreme Court ruling that found the commission's practice of obtaining easements at the time to be an "out-and-out plan of extortion."

The homeowners want lateral access to be uniform along the beach, but refuse to get rid of the security guards. Grossman said homeowners are willing to remove the signs and place smaller ones on each property.

If the two sides can't agree, the commission could pursue a cease-and-desist order against homeowners or the whole mess could end up in court.

On Memorial Day weekend, Hoye and his Access for All group plan a beach brigade, passing out maps to the public, showing people exactly where they can sit on public land and encouraging them to do so.

"What will it take for these homeowners to chill on this operation?" he said. "Stop harassing people. If they want to go to war, we're prepared to."

Until summer comes, Broad Beach hardly seems set for war, even of the Hollywood variety. As waves rustled ashore and the sea air beckoned one recent morning, lawn chairs sat perfectly placed on the porches of sprawling celebrity homes. Dogs splashed in the water, and joggers pounded past the surf, ignoring the invisible lines in the sand.

 



TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; US: California
KEYWORDS: hollyweird; hollywoodleftists; landuse; limousineliberals; malibu; privacy; propertyrights; publicaccess; rats
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1 posted on 03/21/2005 10:54:04 AM PST by tomball
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To: tomball

" Steven Spielberg. Danny DeVito. Goldie Hawn."

Ok, who's the oddman out :)


2 posted on 03/21/2005 10:56:04 AM PST by ruiner
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To: tomball
"The beach is basically a public asset. It shouldn't be just for those people who bought homes there," Wan said. "It should belong to everybody."

Preach it, comrade!

3 posted on 03/21/2005 10:56:47 AM PST by mountaineer
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To: tomball

Hmmm, why don't these celebs just buy the beach outright, they have enough money, end of story, case closed! LOL! These idiots once again prove how shallow they are, what with all that's going on in the world a glob of beach should be the least of their worries, then again, we're talking about hollyweird, they have their priorities out of order.


4 posted on 03/21/2005 10:57:11 AM PST by rockabyebaby (If you're not part of the solution, YOU ARE the problem.)
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To: tomball
We go there all the time...beautiful.
It's mostly deserted, always clean and people leave the homes alone.
It should be kept public!
5 posted on 03/21/2005 10:57:52 AM PST by PRND21
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To: tomball

Oh, I won't be able to sleep tonight worrying about the poor celebs and their beaches.


6 posted on 03/21/2005 11:00:26 AM PST by AppyPappy (If You're Not A Part Of The Solution, There's Good Money To Be Made In Prolonging The Problem.)
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To: tomball

My family owned a beachfront house on Ocean Isle NC, and while legally our property stretched to the ocean, public always had right ot use it... and no way we could have ever enforced a no trespassing policy.

I don't know what legal precident allowed it, but it had always been that way, and it was legal for them to use the beach as well....

Never bothered us much, but then again, we weren't rich arrogant farts either.


7 posted on 03/21/2005 11:00:42 AM PST by HamiltonJay
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To: tomball
""What will it take for these homeowners to chill on this operation?" he said. "Stop harassing people. If they want to go to war, we're prepared to"


the homeowners need to get him self one of the automatic tracking turrets. It's easy to ignore a sign. But a gun turret that tracks your positions. People really pay attention to those.
8 posted on 03/21/2005 11:02:18 AM PST by tfecw (Vote Democrat, It's easier than working)
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To: mountaineer

Preach it, comrade!




Baloney! Beaches should not be privately owned.I don't think they are in Hawaii and they seem to be doing just fine.


9 posted on 03/21/2005 11:02:56 AM PST by Mears ("Call me irresponsible".)
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To: mountaineer
This isn't about socialism. Public law in California does not allow private ownership of beaches from the mean high tide line plus 25 feet (IIRC). The land is owned by the state and not available for sale. The Hollywood types are attempting to convert public property for their personal use. Depending on how your property sits relative to the coast and to other legal access points your beach may effectively BE private. It just costs a bunch to locate and buy this type of property. OTOH, I could legally land my boat on your beach.
10 posted on 03/21/2005 11:04:58 AM PST by RKV ( He who has the guns, makes the rules.)
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To: ruiner

Spielberg - he has the biggest gun collection


11 posted on 03/21/2005 11:05:08 AM PST by ko_kyi
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To: tomball
Left wing media bias example? Check out the pinko progressives who are fighting to prevent taxpayers from using public beaches. My bet is that the left wing media will not mention or mention as seldom as possible the left wing kerrorist elitists. Babs, for example, doesn't want riff-raaf on her beach.

And, all these marginally talented celebs who yell, "Private beach!," wait 'til the next storm washes away 20 more feet of sand. Then, you'll hear these hypocrits whine about how the state and taxpayers must protect this invaluable public trust.

And, try finding a place to park! They do not allow public access to the beach from the street. The elitists democrats go crazy if you try to walk the property lines to the beach. So non-elitists have to park at either end of the golden compounds and walk the shore line to get to a broad beach. These are the ultimate limosene liberals; all talk and more talk!

12 posted on 03/21/2005 11:05:20 AM PST by Tacis ( SEAL THE FRIGGEN BORDER!!!)
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To: rockabyebaby
Hmmm, why don't these celebs just buy the beach outright

Why don't they just buy the air above their houses as well to keep all those pesky paparazzi helicopters out?

13 posted on 03/21/2005 11:07:25 AM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: tomball
Here's the solution. Costs as much as a used car but opens the entire beachfront to you. And the federal government says it's ok.
14 posted on 03/21/2005 11:08:12 AM PST by pabianice
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To: tomball

Geez! Before I read this I was ticked that I didn't have more money to - say - get my hair cut or have someone wash my car. After reading this, I say thank God I'm ordinary and don't have to worry about such trivial bs. Life is good.


15 posted on 03/21/2005 11:09:01 AM PST by peacebaby (Let's give 'em something to talk about, a little something to figure out.)
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To: RKV
Children want to play on the slide in their sandy front yard; dogs have run through their house. During the summer, people ask to use their restroom or plop down right in their sand.

It's gone beyond landing boats, it seems to me.

16 posted on 03/21/2005 11:09:21 AM PST by mountaineer
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To: RKV
RE:The Hollywood types are attempting to convert public property for their personal use. )))

Bump your post. I think it's a hoot--buying property that fronts a public beach and then trying to keep the public out.

They can buy their own lake, own frontage on a river (though then they'd still have to tolerate kayakers and rafters)...but in many states, you can't buy your own ocean. I'm trying to remember what the laws in Hawaii are...

17 posted on 03/21/2005 11:12:48 AM PST by Mamzelle
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To: mountaineer

Of course that kind of nuisance behavior is not right. Neither is it right to shut down the beach all together. They get their property and nothing less, the public gets access to the state owned land and nothing more.


18 posted on 03/21/2005 11:15:04 AM PST by RKV ( He who has the guns, makes the rules.)
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To: mountaineer

I would think anyone who owns a home on a beach is going to have creeps disrespecting their property. And that stinks. But there are offensive people everywhere. There are also self-respecting people who respect the property of others.


19 posted on 03/21/2005 11:15:16 AM PST by peacebaby (I'll get to Heaven, but I'll be on probation for a while.)
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To: Mamzelle

I believe all the beaches in Hawaii are public.


20 posted on 03/21/2005 11:15:37 AM PST by olivia3boys
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