Beach access has been a hot-button issue in New Jersey for many years, particularly since the 1970s, when the New Jersey public advocate began filing lawsuits against municipalities that were allegedly restricting beach access, on the grounds that such municipal actions violated the public trust doctrine. A few high court rulings and several iterations of regulations later, the issues surrounding beach access in this state, with its 127 miles of Atlantic Ocean coastline, have only become more complicated. This is due in no small part to the competing and sometimes conflicting interests at play on our beaches.
There are recreational and public issues. People are attracted to the beach and want to use and enjoy it. There are economic and private issues. Some of the most expensive New Jersey real estate is found along our coastal regions, and part and parcel to any real estate investment is the expectation of exclusivity. Property owners expect that with their deed comes the right to control their property, which includes the freedom to keep others out.
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