Our Dive Club has been threatened with a Lawsuit under RICO

[ScubaNorth]

Could be...

Plus it seems when I did the calendar for this year somehow the dive site for every weekend is Magnolia Rocks

My first reaction was "what a jerk" but come on guys think about it, how would you like it if you had people parking all over your lawn and tramping over your land to get to the water. I have heard of this guys issues for years now and it looks like he has been provoked into being the jerk he is today. He pays some serious taxes to live in that area and he does have more rights than the rest of us to use and enjoyment (maybe not legally but in my opinion). I am not saying anyone here created the problem but I think a little understanding would go a long way. I work with a bunch of different lawyers and use one frequently so him having his attorney speak for him is not any indication of evil intent. I am guessing the attorney was perfectly reasonable and just wanted to clear the air and establish boundries. I am still waiting for a map of were I can access the rocks and be in compliance. He may be a pain in the @ss but the cop who stated that is unprofessional and should keep his/her opinion to themselves and do their job, they were just pissed because they had to put the doughnut down to take the call.

 

[Scuba_Dave]

He has no more right then anyone else to the use of public land

He has the option of moving if he doesn't like people using public property
He can also move if his taxes are too high

The police have better things to do then repeatedly tell a homeowner he can't prevent people from using public property

 

[Tom Winters]

It's also against Massachusetts state law to drive a car with a gorilla in the back seat, and I bet that you people pack your backseats with great apes every chance you get.

 

[Jcsgt]

Be careful in diving near this guys place, (legal or illegal). Unfortunately, there have been similar nut-jobs who own firearms (again legal or illegal), get torqued off one too many times and start pulling the trigger indiscriminately.

 

[ScubaNorth]

He has no more right then anyone else to the use of public land

He has the option of moving if he doesn't like people using public property
He can also move if his taxes are too high

The police have better things to do then repeatedly tell a homeowner he can't prevent people from using public property

Well you certainly seem to want to provoke him, I personally figure it is easier to get along with people. I can see by your attitude why this guy is upset I would be also in his place. Do you really think provoking him is the best course of action. Do you have so little to do in life that putting out a schedule to purposely upset someone gets you a thrill? All I see is someone getting bashed for standing up for what he thinks is his rights and getting bashed for it. If he really has no impact on you, why the post, why all the anger? Live and let live. So he called the cops big deal if he is wrong they won't bother you end of story. If the police have something better to do than help a resident I would be greatly suprised. You seem to think public property means for your private use it doesn't, he may have more rights hence the reason we have areas of resident only parking etc. I am fairly sure from the post that he has no issue with use of public property but he does have an issue with people using his property which it appears is right next to the public access area. We differ in opinion, you think it is fun to provoke someone, I think it gives all divers a bad name when that happens. I have never had more than a conversation with a local that ended just fine. No one has had to feel the need to call the police on me as I show respect even when I am in the right.

 

[ScubaNorth]

Be careful in diving near this guys place, (legal or illegal). Unfortunately, there have been similar nut-jobs who own firearms (again legal or illegal), get torqued off one too many times and start pulling the trigger indiscriminately.

See what I mean; now he is compared to a mad man with a fire arm which may be illegal. Get serious he had his attorney go to a meeting to promote his point of view. I have heard nothing of this guy doing anything illegal at all ever. He called the cops big deal. How does someone make this leap of faith? Just leave him alone stay on public land and be a responsible diver and you'll be just fine. Form grumpy homeowner to nut job now who is in the wrong?

 

[Jcsgt]

I'm not making a leap of faith, I'm talking from professional experience. I'm not saying this guy is any kind of criminal. I have just seen (and so has anybody watching the media) people reach their limit of stress and explode. Sometimes there is no warning and these folks have no criminal background to speak of. The only reason I said anything was to keep something from happening to our fellow divers.

 

[ScubaNorth]

I'm not making a leap of faith, I'm talking from professional experience. I'm not saying this guy is any kind of criminal. I have just seen (and so has anybody watching the media) people reach their limit of stress and explode. Sometimes there is no warning and these folks have no criminal background to speak of. The only reason I said anything was to keep something from happening to our fellow divers.

I completely understand as a former Law enforcement officer myself the best I could come up with would also be to "be careful diving near this guys place". You probably saved a life or two. Yes I am being sarcastic. How about this instead, "good morning sir, yes sir I will stay on the public land, would you mind pointing out to me the public access? Thank You so much, sorry if I was bothered you, have a great day. You have a beautiful home here I can see why you don't want anyone messing with your property. Thanks again" Why is that so painful for some people, oh by the way I have dived here with no issues. But there was trash and burned wood left on the rocks by some inconsiderate souls.

 

[Bonairetrip]

I can see both sides. Private parties do not get to control public land just because it is adjacent to their property. Some beach goers can be rude -- leaving debris and making noise during late night/early morning. And both sides seem to have lost a bit of perspective and appear to enjoy poking at the other.

Why not try and wprk with his attorney to see if a solution can be brokered? One where you agree to obey the law (don't litter, stay on public right of way or proprty) and one where he agrees to not harass you. This seems like a good faith effort on both sides. (The attorney is also likely to be advising his client on his other options which, if things are as represented here, appear to be not great.)

If he is not amenable, I would seek legal counsel. There may even be some local environmental groups or diver attorneys who could help. (If the attorney you consulted agreed, my incliniation would be to send a demand letter to the owner laying out what is public right of way -- with documentation -- and state your intent to use that access in a way that minimizes any impact to him. No littering. Minimal noise. etc.).

BTW, he would not be the first homeowner who was misled during the property sale about what his rights were. I have had agents tell me that undeveloped lots were green belts (wrong -- they could legally be clearcut tomorrow and houses constructed on .1 acre lots). And what the legal status is in other st

I am a firm advocate of protecting existing public access. In the end, how much his house cost and how much he paid in taxes is irrelevant. He purchased land adjacent to a public area. No one made him buy it. No valid title gave him control of public lands. In fact, part of what adds value to the property is the public (albeit submerged) land. OTOH, he would not be the first person to encrouch on public parklands and claim that land as his own. See http://www.metrokc.gov/mkcc/hearingexaminer/search/documents/E9900796 RPT.doc

He is entitled to 100% of his private property rights on his land. He is not entitled to annex or control other areas -- be they private or public. He does have every right to seek regulatory help from government who can control the use of public lands. This has played out around here in some very high profile ways (the federal judge who "by mistake" clearcut part of a park to improve his view; the coffee magnate who effectively annexed part of a local park into his yard).

 

[Bonairetrip]

I would also add that *sometimes* these things do escalate. There is a river related issue (landowner claims all of the river is his -- law states all navigable land is public) where the landowner was shooting "in the general direction" of river rafters. It seems unlikely here but...