Another Local Area Abused

[ChrisB]

This NH Supreme Court ruling from just four years ago is the most recent case I can recall -- about continuing public access to a beach over a private landowner's property. It seems pretty thorough, and addresses your point of the standard for adverse possession.

Ever since reading the opinion (when I was on a land use board), I've thought about this case with respect to long-used hiking trails. But this, to me, represents the nuclear option, and I think would do more damage than not.

Interesting citation. But be aware that this case involved protracted legal wrangling over the course of several years, and $150k in litigation fees paid by the plaintiff.

Sadly the Town of Rye NH refused to enforce the public access and allowed the owner of an expensive country club to close it off. The town then refused to take part in litigation, effectively giving the beach to the owner.

Only the stubbornness (and $$) of long-time Rye resident Robert Jesurum reversed this unfortunate situation.

I believe the parties are still fighting over the placement of signage!

 

[peakbagger]

Given near infinite resources a private party can delay things for a long time with respect to public access https://www.businessinsider.com/mar...california-silicon-valley-tech-lawsuit-2020-1
Most of the summaries I have read is that unless one party or the other pulls out it will end up a the Supreme Court.

 

[bikehikeskifish]

Given near infinite resources a private party can delay things for a long time with respect to public access.

Indeed. There is an owner with very deep pockets and an unpleasant disposition fighting deeded access for a path that crosses his land (and everyone else's) in a spot in NH that my father-in-law owns. He can afford to break the law and then we all have fight him to unbreak it.

Tim