Court delivers twist in East Hampton beach saga

Jurists rule Truck Beach is private as town ponders condemnation

Tri-State /
Feb.February 05, 2021 06:11 PM
Truck Beach  (Facebook via Safe Access for Everyone)

Truck Beach (Facebook via Safe Access for Everyone)

 

A deal struck by their predecessors in 1882 has come back to haunt East Hampton officials.

An appeals court ruled unanimously Wednesday that Truck Beach belongs to the homeowners who live along it, not to the town, which for decades has been letting the public drive all over it, the East Hampton Star reported.

Because all four Appellate Division judges sided with the homeowners, the town must seek permission from the state’s highest court to appeal the decision. Failing that, the town board said it will attempt to condemn 22 beachfront acres, from the mean high water mark to the edge of the dunes, through eminent domain.

The land in question is no speck of sand: It’s a gorgeous, 4,000-foot stretch of ocean beach on Napeague. In 1882, town trustees conveyed the parcel to Arthur Benson, with the caveat that locals could use it for fishing.

But the town has been letting people drive their cars and trucks onto the land for years, along with their beach chairs and umbrellas, to catch some sun and saltwater.

In 2009, homeowners sued, saying the beach belonged to them and showing the court documents that traced their rights back to the Benson deal. In 2016, a judge ruled against them but the appeals court found no evidence to support that decision.

The town said Friday it would seek permission to appeal.

[Easthampton Star] — Erik Engquist






    Related Articles

    arrow_forward_ios
    (Google Maps, Getty)
    Port Washington North officials approve movie studio project
    Port Washington North officials approve movie studio project
    Ai Weiwei with 708 New Forge Hallow (Getty, Compass)
    Ai Weiwei–designed home sells for $5M
    Ai Weiwei–designed home sells for $5M
    Montauk Point (Getty)
    More than $8B worth of Hamptons homes sold during pandemic
    More than $8B worth of Hamptons homes sold during pandemic
    (Google Maps)
    East Hampton rushes to save “historic” shack before project starts
    East Hampton rushes to save “historic” shack before project starts
    Rendering of the proposed Superblock project (iStar, Long Beach City Council)
    Long Beach settles $105M suit, paving way for Superblock project
    Long Beach settles $105M suit, paving way for Superblock project
    (iStock, Google Maps)
    Southampton to extend development ban at potential burial grounds
    Southampton to extend development ban at potential burial grounds
    Tremblant Capital Group CEO Brett Barakett. (Ivey, Redfin)
    Financier lists $55M Greenwich estate as he flees to Florida
    Financier lists $55M Greenwich estate as he flees to Florida
    (Getty)
    1 in 14 Connecticut homeowners is behind on their mortgage
    1 in 14 Connecticut homeowners is behind on their mortgage
    arrow_forward_ios

    The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

    Loading...