ecwinch
TUG Member
- Joined
- Jun 6, 2005
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- Location
- San Antonio
- Resorts Owned
- Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
I only know that beaches in Aruba are public. Someone else will have to provide the legal insight to where that delinating line is.
However, since the beach (shoreline) is constantly moving, how can the palapas (which are fixed) delineate the break between public and private property?
Here is one definition of the shoreline:
"Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.
I think the palapas would be defined as minor structures, as noted here (references are from Hawaiian law - and would probably be entirely different from Aruba/Dutch law).
"Minor structures and activities permitted under rules adopted by the department which do not affect beach processes or artificially fix the shoreline and do not interfere with public access, public views or open space along the shoreline."
And in all the areas I have ever visited, I have never seen someone try to strictly enforce the shoreline. Though I think we might be steering off-topic.
The theme is really that OC was for a time granted a right, that the SC BOD later revoked due to the OC asserting their rights to not share the palapas. I think that it is quid pro quo. The right was "granted" by MVCI to offset the impact of the nearby construction. It was not a permanent grant.
Back to the topic at hand however. Are we not at the 14 day limit for the special meeting being called? Has it been called as required by the by-laws?
However, since the beach (shoreline) is constantly moving, how can the palapas (which are fixed) delineate the break between public and private property?
Here is one definition of the shoreline:
"Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.
I think the palapas would be defined as minor structures, as noted here (references are from Hawaiian law - and would probably be entirely different from Aruba/Dutch law).
"Minor structures and activities permitted under rules adopted by the department which do not affect beach processes or artificially fix the shoreline and do not interfere with public access, public views or open space along the shoreline."
And in all the areas I have ever visited, I have never seen someone try to strictly enforce the shoreline. Though I think we might be steering off-topic.
The theme is really that OC was for a time granted a right, that the SC BOD later revoked due to the OC asserting their rights to not share the palapas. I think that it is quid pro quo. The right was "granted" by MVCI to offset the impact of the nearby construction. It was not a permanent grant.
Back to the topic at hand however. Are we not at the 14 day limit for the special meeting being called? Has it been called as required by the by-laws?
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