I would then argue you are back to where we are right this moment. I highly doubt the attorney who has been fighting this for so long is not going to challenge the legality of eminent domain in this case.

Why would the town risk losing that case, which would lay the ground work for the easement being successfully eradicated when they have the almost 150 years precedent of the easement existing as is ?

See, you keep saying that. Please let me know what makes you think this person would sell?

I’d argue that maintaining the public’s access to the ocean in a coastal town is critical infrastructure.

Especially when, as others have noted, this easement was not forced on her nor was it a hidden provision of her purchase of the property. She bought the property, it seems, with the express intent to decrease quality of life for everyone else.

May your guitar be forever out of tune.