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JESSE
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Trouble in Baja Norte
Just saw it on the news yesterday, it seems the Mexican goverment is taking a very close look at many beach front communities along Baja norte coast,
specifically, many that are gated communities and refuse access to non residents. As you all know, its ilegal to block access to any particular beach,
and many communities are doing exactly that, this appears to have started because of some complaints in Punta Bandera that the residents there are
refusing acess to the beach.
Expect more news about this.
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Dave
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While it is illegal to deny access (foot traffic ONLY) to a particular beach it IS perfectly legal to restrict access to private property.
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JESSE
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| Quote: | Originally posted by Dave
While it is illegal to deny access (foot traffic ONLY) to a particular beach it IS perfectly legal to restrict access to private property.
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Your correct, but we all know there quite a few places that restrict access all over Baja, and i am not talking about americans only, i hope the
authorities start making very clear that regardless of who you are and where you are from, you can?t just do what you want.
It reminds me, a few years back, i was south of Ensenada camping on the beach, we where exploding fireworks and two Mexican guys show up and procced
to tell us we can?t do that, i told them they didnt own the beach, it is federal property, and if they wanted to do something about it, they could go
to the federal army and file a complaint.
They never bothered us again.
By the way, it could be intersting to know what the legal situation is in places like San Antonio del Mar.
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Dave
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If the property is legally platted with common areas and streets which are used to provide public services such as trash pickup and police protection
then regardless of walls or gates, public beach access cannot be legally denied.
If the property is fenced posted or gated and is not designed for public access then the property owner is within his rights to refuse access (even to
the police).
I don't know what the problem is. There isn't an inch of beach from La Salina to Rosarito that can't be accessed, one way or another. I would suspect
that it would be the same everywhere else.
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JESSE
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| Quote: | Originally posted by Dave
If the property is legally platted with common areas and streets which are used to provide public services such as trash pickup and police protection
then regardless of walls or gates, public beach access cannot be legally denied.
If the property is fenced posted or gated and is not designed for public access then the property owner is within his rights to refuse access (even to
the police).
I don't know what the problem is. There isn't an inch of beach from La Salina to Rosarito that can't be accessed, one way or another. I would suspect
that it would be the same everywhere else.
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Ask any surfer, theres a lot of beaches and areas with restricted acess all over Baja norte.
A perfect example, is K-39
[Edited on 2-6-2005 by JESSE]
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Dave
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I've walked that whole cove at low tide. If I can get to it, why can't you?
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Packoderm
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I think I can relate to Jesse's general notion that the public's right to beach access needs to be preserved, and these possible, pending
investigations into assuring that this right to public access is not being impinged just might be as legitimate as the ongoing investigations
protecting the public's right to be free from the presence of narcotics in their society - even in the absence of just cause as in the case with road
stops and random searches.
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JESSE
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| Quote: | Originally posted by Dave
I've walked that whole cove at low tide. If I can get to it, why can't you? |
You can walk to that cove? thats impossible, been surfing there for 18 yrs and thats not possible because of the rocks, the only access is from above.
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surfer jim
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JESSE...some people can walk ON water....
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burro bob
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Jesse or anyone else that might know.
At one time I was told that all arroyos in Mexico are considered public right of way.
Do you know if this is correct? While it sounds logical, it could also just be more Gringo rumor.
burro bob
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JESSE
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| Quote: | Originally posted by burro bob
Jesse or anyone else that might know.
At one time I was told that all arroyos in Mexico are considered public right of way.
Do you know if this is correct? While it sounds logical, it could also just be more Gringo rumor.
burro bob |
Arroyos are federal property, so they are indeed public land.
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jrbaja
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True Dave
you could probably circumnavigate Baja with the right pair of tennies.
There is no beach access to K39 anymore where as there once was a famous bluff, outhouse and road to the beach for walking.
Now you must hike down from Teresas , El Morro.
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Dave
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| Quote: | Originally posted by jrbaja
you could probably circumnavigate Baja with the right pair of tennies.
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I didn't say it was easy, just that if you want to get to most any beach there's a way. Places to 'van up' are getting scarce up in these parts but
that's not important. Because we all know that vehicles aren't allowed on the beach, don't we?
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flyfishinPam
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if those private properties have a concession for the beach in front of them, then yes they can deny access to whomever they want to.
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Dave
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| Quote: | Originally posted by flyfishinPam
if those private properties have a concession for the beach in front of them, then yes they can deny access to whomever they want to.
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A beach concession allows for placement of nonpermanent structures in the restricted zone (20 mtrs from mean high tide) and prohibits others from
doing the same. It doesn't grant exclusive use of the beach frontage.
Legally, there are no private beaches in Mexico.
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MICK
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I love the additudes of gringos in Baja. I was sitting at a friends home in baja a few years ago and they were having a party. We were talking about
why most of them had moved down to baja and most said it was to get away from all the politics and rules the the goverment inforces. while enjoyiing
the view ofthe water and the beach a couple of mexicans rode by on their quad. several of the owners said, we have to stop these people from riding on
OUR beach we should get together and put up a fence so these quads can't ride in front of our house. I couldn't help but laugh out loud. It just
happens to be the mentality of most. I'M HERE EVERYONE ELSE KEEPOUT. It's a good thing they didn't build fences and say let's keep the gringos out. I
know I know it's all about the money. Why do we go to baja to enjoy the solitude only to build next to 50 other gringos? Then build fences to keep
everyone else out?
Here's to NO fences
Mick
Getting there is ALL the fun!
Ok being here is fun to
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David K
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Bravo Mick!
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Barry A.
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Oh so true. Very well said, Mick. Barry A.
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Dave
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Thinking you can fence off a section of YOUR beach is just as wrong as Mexicans thinking they can drive their ATVs across it.
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capt. mike
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Grover.....wicked story, man!
i'd say plenty lucky...gives me the shivers just thinking about it and putting myself at the controls or as a right seater!
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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