KEAN INTRODUCES LEGISLATION ALLOWING FOR PUBLIC ACCESS TO PRIVATE BEACH AREAS

In response to a recent Monmouth County Superior Court decision that limited public access to a specific Monmouth County beach, Assemblyman Sean Kean today introduced legislation that would make it easier for the public to use certain areas of privately-owned beaches.

A recent court decision limited the ability of the public to use a Loch Arbour beach owned by Jack Kassin which has been the subject of litigation over the right of the public to use the private beach area located above the high water mark.

Kean’s legislation, A-4434, would change the court’s analysis under the public trust doctrine. As interpreted by New Jersey courts, the public trust doctrine gives the public the right to use the land seaward of the high water mark and reasonable use of the dry sand areas of the tidal shoreline.

One of the factors presently used by the courts to determine whether a particular beach shall be accessible to the public is “the extent and availability of nearby publicly-owned or accessible beaches.”

“The availability of nearby public beaches should have no bearing on whether a private beach owner must make his or her beach available to the public,” explained Kean. “That should not be a factor.”

The court ruled in the Kassin beach case that the availability of the public beach club located next door to the Kassin property was grounds for barring the public from accessing the dry sand above the high water mark.

Kean said his bill is designed to make privately-owned beaches more accessible to the public, but would have no impact on public or private beach clubs. It also would not alter the ability of municipalities to charge reasonable fees for public beach use.
 

####