Recent Developments: Property—Coastal Shores—Private Property Rights Upheld over Claimed Public Right to Recreational Use of Beach—Implied Dedication, Easement by Prescription, Public Trust through Custom and Grant, and Doctrine of Submergence Not Applicable. Department of Natural Resources v. Mayor and Council of Ocean City, 274 Md. 1, 332 A.2d 630 (1975)
Year: 1976
Type: article
Abstract: Faced for the first time with the question of the rights of private property owners versus the public in the dry sand portion of Ocean City's beaches, the Maryland Court of Appeals resolved recent companion cases' in favor of private property rights.Although the trend of modern decisions has been to employ legal doctrines supportive of public recreational rights, 2 a majority of the court of appeals could find no factual or doctrinal basis for protecting the public's recreational use of Maryland's coastal shores.In DNR v. Ocean City, the court upheld the right of a developer to construct a four-story condominium on the dry sand portion of the beach 3 at 71st Street in Ocean City, Maryland.In DNR v. Cropper, the 1.Department of Natural Resources v. Mayor & Council of Ocean City, 274 Md. 1, 332 A.2d 630 (1975) [hereinafter cited as DNR v. Ocean City ]; Department of Natural Resources v. Cropper, 274 Md. 25, 332 A.2d 644 (1975) [ hereinafter cited as DNR v. Cropper].IN FLUVIAL, DELTAIC, AND COASTAL MORPHOLOGY AND PROCESSES 7 (Louisiana State Univ.Studies, Coastal Studies Series No. 23, 1969).17. 274 Md. at 4, 332 A.2d at 632.See Janney, supra note 5, at 121-22.18.For a more detailed discussion of the process, see Janney, supra note 5, at 122. 19.See diagram at note 3 supra.20.Joint Record Extract, vol. 1, at 188 (testimony of Turbid H. Slaughter, Geologist, Maryland Geological Survey).21.See Janney, supra note 5, at 123 and notes 40-42 infra and accompanying text.22. See notes 38-41 infra and accompanying text.23.Joint Record Extract, vol. 1, at 167-70 (testimony of Turbid H. Slaughter).Man-made structures and pilings driven into the sand serve to prevent the migration of Fenwick Island, but at the same time may be causing beach erosion.Janney, supra note 5, at 122. 24.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2729613892