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2019 | Summer Issue

Who Owns America’s Beaches?

Between private property owners and the public, battles are being waged at the shoreline.

Property rights are the foundation of all our other rights. There’s no better place to start defining them—not to mention ride your bike, toss a ball, or change your life—than at the beach.

— Steven D. Anderson, President & CEO, Pacific Legal Foundation

what’s inside

The First American Romance

Scott Barton

America is blessed with an abundance of natural beauty. Our country boasts a greater diversity of climates and landscapes than most, from tropical beaches and sandy deserts to wind-swept farmland and snowcapped peaks. This bountiful earth has provided a fertile birthplace for the Great American Experiment. Imagine yourself atop Pike’s Peak, among the first of the Rocky Mountains that American settlers encountered on their journey west. From up there, vast plains stretch out to the east, and rugged mountains dot the landscape to the west. Down below, the city’s buildings look like tiny specks, barely noticeable amid the landscape’s grandeur. No wonder this vista inspired Katharine Lee Bates to pen the verses for “America the Beautiful.”

A Line in the Sand: Property Rights and America’s Beaches

Christina M. Martin

From the California coast to the Florida Keys, Americans treasure our nation’s beaches for their breathtaking beauty. But in the name of public access, and sometimes in the name of conservation, many local, state, and federal government agencies go too far in dictating how that beauty is protected.

At a Glance: The Battle of Ideas

Pacific Legal Foundation

Professor Andrew Kahrl writes in The New York Times that beachfront property owners have created “anti- social” and “environmentally destructive” barriers to beach access. He calls on Congress to dedicate all beaches to the states for public use.

The Right to Rebuild

Erin Wilcox

On October 10, 2016, Michael and Cathy Zito’s beach home at Nags Head, North Carolina, burned to the ground. Luckily no one was hurt, but as the Zitos were about to discover, the sadness of losing their dream home was nothing compared to the bureaucratic nightmare that followed.

Finding the Right Price for Preservation

Jonathan Wood

What is nature's beauty worth? How can you put a price on a pristine beachfront or a secluded coastal alcove? Are some worth more than others? Are some worth preserving more than others?

How to Win Against a Government Bully

Tony Francois

Ask any child navigating the world of playground politics and they’ll tell you there are few things worse than a bully. A bully can take away your free- dom and dignity to dictate their will or get you to fall in line.

Why Feel-Good Policy Rarely Works Best

Timothy Snowball

Developing effective public policy is tough, thoughtful work. There is so much to consider: What is the problem? What can be done about it? Who is best equipped (and legally

Property Rights: Conservationists’ Most Effective Tool

Tate Watkins

The concepts of property rights and conservation are unfortunately, and mistakenly, pitted against each other on a regular basis. But what happens when people are forced to fight for their property rights in order to conserve their land?

A Scout and a Billionaire: Champions of Preservation

Nathaniel Hamilton

The first round of nerves really bubbled up when I finally made it to Philmont’s base camp. I’d been to Boy Scout camps and countless campouts before but this was the big one: This was Philmont. No amount of merit badges on a khaki uniform could prepare me for those visceral feelings of uncertainty, awe, and excitement for the adventure I was about to experience.

Safeguarding America’s Fisheries and Fishermen

Daniel Ortner

When government regulations for America’s coastline go too far, there are real consequences. As you’ve read, many beach homeowners can be forced to give up their property or acquiesce to absurd bureaucratic rules.

Unnecessary Enemies

Larry G. Salzman

For many Americans, the cornerstone of “the American dream” is the possibility to someday own a slice of a beach paradise. But as you’ve read throughout this issue, when it comes to beaches—or any land along our coasts— government agencies have declared open season on private property rights.
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Stories of liberty and justice

Sword&Scales is a quarterly magazine with in-depth stories about liberty, equality, and justice. Published by Pacific Legal Foundation, a public interest law firm with a winning record at the Supreme Court, Sword&Scales features narratives from history, courtroom showdowns, and the real experiences of people fighting for their rights.

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