American beach law and policies

Abstract

The beaches of the United States are subject to profound physical changes and some bitter legal and political disputes. A misinterpreted public trust doctrine went far in allowing government control over the foreshore, further strengthened by doctrines of prescription, dedication, and custom to increase public access to the beach and even the dry sands regarded as private property. But the struggle over vertical access to the beach through private property by the public or unlimited use of the foreshore and private dry sand has not ceased. Judicial interpretations and policies vary in different State with the promise of more costly litigation. The challenge is for State legislatures to provide comprehensive legislation that will clearly define the public’s right to beach access.