- Posted September 28, 2011
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Ohio court rules natural shore is Lake Erie property line
By JoAnne Viviano
Associated Press
COLUMBUS, Ohio (AP) -- Lake Erie's "natural shoreline" is a boundary that separates private property from public recreation, the Ohio Supreme Court recently ruled in a case in which thousands of lakefront property owners challenged public access rules set by the state.
In a 7-0 decision, the court reversed an appellate ruling that said property owners' rights extend to the point the shore and water meet on any given day, and rejected arguments by the state that public access should extend to a high water mark established in 1985.
Justices wrote that the natural shoreline is "the line at which the water usually stands when free from disturbing causes," saying the definition reaffirms decisions dating to 1878 and state law enacted in 1917.
The decision has been "a long time coming" for property owners who have been required to lease their land from the state to use it for projects such as erosion prevention or building a gazebo, said attorney Jim Lang.
Lang said the distance between the high water mark requested by the state and the shoreline could be 2 feet for some property owners or 50 feet for others. Owners now go back to county court for determination of any damages they might be owed due to the state having asserted ownership to the high water mark, he said.
Ohio Attorney General Mike DeWine, whose office argued on behalf of the state, called the court's decision reasonable.
"The court ... set forward the basis where there can be a reasonable approach for proper boundaries that balance the rights of both landowners and the public trust," he said.
The state Department of Natural Resources, with support from the National Wildlife Federation and the Ohio Environmental Council, had argued that the public should have access to the portion of beachfront property that's "sometimes wet, sometimes dry." Property owners countered that trespassers wreaked havoc on their private beaches, with some leaving behind broken beer bottles, setting bonfires, driving trucks and shooting firearms.
The OEC on its website called the ruling a "victory for Ohioans," saying it preserves the public's right to access the shoreline.
The Ohio Lakefront Group also claimed victory, calling the ruling a "big win" for Ohio property owners.
"This decision clearly reaffirms the rights of property owners relied upon more than 200 years ... so that Ohioans can invest their money and energy into homes and real estate with confidence that those investments won't be undercut by bureaucrats and special interest groups," said the group's president, Tony Yankel.
Published: Wed, Sep 28, 2011
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