Submitted by SarcasticRaspberries t3_11zs817 in massachusetts
Swuzzle t1_jdelpva wrote
Reply to comment by HaElfParagon in Andrew’s Point, Rockport: Homeowner suing to end public access by SarcasticRaspberries
Your argument doesn't really make sense when applied holistically. If you wanted the government to only have easements for access to critical infrastructure (a telecom box in your other example), then you'd create a massive series of problems for right-of-way to public properties where access is cutoff from private properties.
Then the options become having the government take tons of small swaths of privately owned land by eminent domain to allow access to public spaces, or allow the landowners to cutoff access to public property for the sake of land ownership.
The existence of easements in part of common law to avoid those two extremes. It allows for the existence of a reasonable compromise without the need for excessive litigation.
The footpath is necessary because the public property (the coastal rocks) is cutoff from public access by the private property. It's no different than the many examples of public lakes being cutoff from access by private properties, and thus an easement is in place to allow the public to crossthrough private property to get to the lake.
HaElfParagon t1_jdem63n wrote
The existence of easements is so the state can have their cake and eat it to. They can force you to maintain the land to a certain quality, while having no control whatsoever over its use or its resources.
It is inherently authoritarian and should not be tolerated.
Swuzzle t1_jder8k7 wrote
Inherently authoritarian? So you’d prefer the government to force you to sell your land at a price they choose? Or you’d prefer private landowners be able to landlock public property by virtue of just owning the land around it?
HaElfParagon t1_jderq15 wrote
Eminent domain is not the best option, but at least it would stop the ongoing abuse of forcing this person to maintain what essentially amounts to public land without any consent or compensation
[deleted] t1_jdfizyq wrote
[deleted]
HaElfParagon t1_jdfm0nb wrote
That's what I'm advocating for
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