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February 13, 2006 -

Prescriptive Rights Investigation

From the San Diego Union Tribune:

LOMPOC – Surfers have complained to the California Coastal Commission about “no trespassing” signs and a metal barrier blocking the path to waves near Jalama Beach.

The commission is conducting an Internet online survey to see whether surfers and other beachgoers should have unfettered access through a private path that cuts across a 53-acre property owned by Cojo Coastal North LLC.

Once the responses stop flowing in, the commission will analyze the results and decide whether to refer the matter to the state attorney general’s office for possible legal action against the property owner.

There must be a substantial number of respondents, said Linda Locklin, with the Commission’s Coastal Access Program in Santa Cruz.

“We’ve gotten a pretty good response and we started this less than a month ago,” she said. “These are really big studies and they have to be very careful because we are talking about private property, so what has to be considered substantial has to be very high.”

The right to pass through private property to a beach is known as a prescriptive right and it is protected under the state’s coastal act, the commission said. Cojo has posted no-trespassing signs and strung a metal cable across the trail’s entrance way.

This is actually one of two prescriptive rights investigations currently being conducted by the commission, and “Internet online survey” may be a bit generous for a process that allows people to download a PDF questionaire to be mailed in, but it is a serious matter. Information about the process, and questionaires for people who may have used this beach or another near the Naples Beach in the Goleta area of Santa Barbara County, are at the Coastal Commission’s website.

One Response to “Prescriptive Rights Investigation”

1. Beachlaw dot Info - The California Beach Law Resource says:

   February 14, 2006 at 3:07 pm

   [...] Previous post here. [...]

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