Encuentro Beach Shacks Bulldozed today in Cabarete

[ctrob]

But people are still going to the beach with boards? Not for nothing, but isn't that "access"?

And correct me if I'm wrong, but I don't think that road was a public road? Correct? So the land owner, for whatever reason, decided to close the entrance.

I can't see how closing a driveway, even if it was used by the public for a long time, is illegal. Unless there was a legal ruling that the land owner must maintain that entrance for the public.

 

[dv8]

an article in puerto plata digital on closing the beach:
http://www.puertoplatadigital.com/verNoticia.aspx?Id=27837

 

[windeguy]

But people are still going to the beach with boards? Not for nothing, but isn't that "access"?

People are currently walking over the rocks laid to stop vehicles. Some are even carrying surf boards.

And correct me if I'm wrong, but I don't think that road was a public road? Correct? So the land owner, for whatever reason, decided to close the entrance.

Camino Viejo appears to be entirely within the 60 meter setback which is public land. That is an important point.

I can't see how closing a driveway, even if it was used by the public for a long time, is illegal. Unless there was a legal ruling that the land owner must maintain that entrance for the public.

Being entirely within the 60 meters of set back, I cannot see how Camino Viejo can be closed legally.

The city of Cabarete has resolutions to re open the road. They sent people and equipment from the town and province of Puerto Plata and met resistance by armed watchmen which turned into a Mexican Standoff. The video is on Facebook regarding these points:

https://www.facebook.com/phillip.lehman.3/videos/10156667100977009/?t=57

There is a protest this Friday about the closing:

In years past, armed shootouts have occurred at this site over similar disputes.

 

[windeguy]

an article in puerto plata digital on closing the beach:
http://www.puertoplatadigital.com/verNoticia.aspx?Id=27837

Warn of serious damage to tourism in Cabarete with arbitrary closure of public access to El Encuentro beach
Last Update: Monday, July 30, 2018 . By: ANTONIO HEREDIA
"Playa El Encuentro is the economic soul of Cabarete and its access must be free for those who visit it," said Paliza.

PUERTO PLATA.- Several personalities have warned that the illegal closure of the old road that went from Sosúa to Sabaneta de Yásica, a public road that gives access to the famous El Encuentro beach in Cabarete, will cause serious damage to tourist activity and negatively impact the economy of that municipal district located in the eastern part of the province of Puerto Plata.



It was reported that last Thursday, July 26, representatives of investment companies Calpe and Mesa Investments, owners of plot 1-13 that is adjacent to the famous beach El Encuentro, at 7:00 at night using a mechanical shovel they closed the entrance to said beach in the aforementioned puertoplateña tourist community, even though in all the cadastral plans it is public domain.



"That track exists since the 1800s because it was made by the founder of Cabarete, Zephaniah Kingsley. Undoubtedly, this road is public domain since it is located in the 60 meters of the maritime strip and the Constitution of the Republic establishes that public property is imprescriptible, inalienable and unattachable, "said environmentalist Michel Gay-Crosier.



The president of the Association for the Protection of Environment and Tourism in Sosúa and Cabarete (ASOPROCASO), said that Cabarete is accustomed to these situations because the authorities never act and allowed to close several public accesses and abandoned the 60 meters public beach. please unscrupulous investors.



Gay-Crosier noted that the district board of Cabarete has all the rights to open that road with or without public force, but the owners of the aforementioned plot, making fun of the community of Cabarete decided to close that public access, violating the principles of the Constitution.



Also the senator of the Republic for the province of Puerto Plata; José Ignacio Paliza, spoke on this situation, claiming to have unpublished images of events that occurred at El Encuentro beach in Cabarete and warned that if these incidents continue to happen, the tourist is put at risk and everything is put at risk.



"El Encuentro Beach is the economic soul of Cabarete and its access must be free for those who visit it, since during 265 days of the year, that beach provides waves of world fame, being the center of aquatic extreme sports, for which his access, Cabarete will receive a strong impact ... Enough! ", underlined Paliza.



The young congressman meant that coincidentally, he met a couple of tourists at the Miami airport who left disappointed because during their visit to Cabarete they could not enjoy El Encuentro beach, for which he called the competent authorities to regulate the use of the aforementioned beach, organize it within the framework of the law, conciliating the public-private interest since the 60 meters of high tide are for public use and only the Law should be applied.

 

[drstock]

The young congressman meant that coincidentally, he met a couple of tourists at the Miami airport who left disappointed because during their visit to Cabarete they could not enjoy El Encuentro beach, for which he called the competent authorities to regulate the use of the aforementioned beach, organize it within the framework of the law, conciliating the public-private interest since the 60 meters of high tide are for public use and only the Law should be applied.

I am not surprised the tourists were disappointed, especially if they had paid the exhorbitant price of flying from Miami to POP and back. That's the other thing the "young congressman" should be concerned about.

 

[windeguy]

Anyone have any idea how the government will eventually react to being kept at bay from re-opening a road on public land by armed watchman for a private concern?

I expect to hear some gunshots when the time is right.

 

[ctrob]

I am not surprised the tourists were disappointed, especially if they had paid the exhorbitant price of flying from Miami to POP and back. That's the other thing the "young congressman" should be concerned about.

I doubt that story is even true. Politicians are great for making up little stories like that to fit their narrative.

But back to Camino Viejo. Isn't Camino Viejo the old name for Route 5? And Camino Viejo is the path you see running parallel to the beach at Playa Encuentro? And if that's true, it looks like parts of it were abandoned when they upgraded Rt 5, moving parts of it away from the coast. Camino Viejo in that area may be inside the 60 meters, but is probably not actually a road. It's probably just a memory. I'm just guestimating here - and may be proven wrong.

Now back to the two driveways going in towards the beach. I'm also guestimating that the two driveways are NOT part of the old Camino Viejo. And if the Private Landowner is not under the order of a current legal requirement to provide access to the beach, he can block his private driveways.

I haven't seen anyone mention them violating an Access Order. That's probably because it does not exist.

 

[windeguy]

I doubt that story is even true. Politicians are great for making up little stories like that to fit their narrative.

But back to Camino Viejo. Isn't Camino Viejo the old name for Route 5? And Camino Viejo is the path you see running parallel to the beach at Playa Encuentro? And if that's true, it looks like parts of it were abandoned when they upgraded Rt 5, moving parts of it away from the coast. Camino Viejo in that area may be inside the 60 meters, but is probably not actually a road. It's probably just a memory. I'm just guestimating here - and may be proven wrong.

Camino Viejo was the original road. It is within the 60 meters as it approaches Encuentro and is public domain land and cannot legally be closed off. I have driven on it my self, just not within the past couple of years.

Now back to the two driveways going in towards the beach. I'm also guestimating that the two driveways are NOT part of the old Camino Viejo. And if the Private Landowner is not under the order of a current legal requirement to provide access to the beach, he can block his private driveways.

A landowner is under no obligation to allow people to access the beach via his land. I have no idea of the status of the lands on those other two access roads frequently used previously to access Encuentro, but they might be on private lands. If on private lands, public access can be blocked on those roads.

I haven't seen anyone mention them violating an Access Order. That's probably because it does not exist.

There was paperwork drawn up by the city which stated the road cannot be closed and people from the government came with equipment to clear the blockage of Camino Viejo. The government backed down, this time, when facing armed guards that turned them away when the government attempted to re-open Camino Viejo access. Local leaders have stated that access will not be denied to the public regarding Encuentro.

Now we see what happens next.

 

[ctrob]

Yes, it was the original road. But is now land-locked. Just like a 60 meter public coastline is landlocked.

And remains landlocked till an Access order is placed upon the land owner. I think the town backs off in this case.

 

[windeguy]

Yes, it was the original road. But is now land-locked. Just like a 60 meter public coastline is landlocked.

And remains landlocked till an Access order is placed upon the land owner. I think the town backs off in this case.

Where is the point or area that the road is landlocked? I don't see where that could be as the road proceeds east all the way through where it comes out on RT 5 just west of La Cienaga road.

 

[ctrob]

Where is the point or area that the road is landlocked? I don't see where that could be as the road proceeds east all the way through where it comes out on RT 5 just west of La Cienaga road.

Ok, I see that. Maybe not land locked. But if people can still come down Camino Viejo and access the water without entering the pacel being discussed....?

Too bad we can't wager. I'd put a 100 on the landowner. And I still think construction is about to start. Otherwise why all the fuss?

Yes, time will tell.

 

[ohmmmm]

Ok, I see that. Maybe not land locked. But if people can still come down Camino Viejo and access the water without entering the pacel being discussed....?

Too bad we can't wager. I'd put a 100 on the landowner. And I still think construction is about to start. Otherwise why all the fuss?

Yes, time will tell.

This is a complicated situation. The armed guy that thinks he owns the property through his ancestry, the company that thinks they bought it, the people who surf there, the legal use of the land and boundaries of ocean, roads and development rights. Looks to me that there is a substantial effort to clear up the situation, but how things progress will probably depend on many factors yet to be resolved.

 

[jahjahwarrior]

Government should send the police officers who arrest limpio vidrios in SD to talk with the private guards...bet the road gets opened quick.

But there are lots of other nice beaches and I'm staying the heck away until I know I can enjoy in peace. Caleton was spectacular this weekend!

 

[windeguy]

Ok, I see that. Maybe not land locked. But if people can still come down Camino Viejo and access the water without entering the pacel being discussed....?

Too bad we can't wager. I'd put a 100 on the landowner. And I still think construction is about to start. Otherwise why all the fuss?

Yes, time will tell.

Normally I would think you have a safe bet because money overcomes laws here frequently. Lifestyles Resort in Cabarete being only the most recent issue. This time, you would almost certainly lose. The land owner cannot block land that is withing 60 meters of the ocean if he does not own the entirety of access points around that stretch of ocean front. In this case, Encuentro beach is not land locked.

Last night a DR local TV, it was reported that Illana Neuman, mayor of Sosua, has generated a resolution giving the private land owner illegally blocking Camino Viejo until August 30 to clear the blockage or the government will force him to remove the blockage and open the road for the public to access Encuentro beach.

 

[drstock]

Normally I would think you have a safe bet because money overcomes laws here frequently. Lifestyles Resort in Cabarete being only the most recent issue. This time, you would almost certainly lose. The land owner cannot block land that is withing 60 meters of the ocean if he does not own the entirety of access points around that stretch of ocean front. In this case, Encuentro beach is not land locked.

Last night a DR local TV, it was reported that Illana Neuman, mayor of Sosua, has generated a resolution giving the private land owner illegally blocking Camino Viejo until August 30 to clear the blockage or the government will force him to remove the blockage and open the road for the public to access Encuentro beach.

I hope that's true, but here you never know - especially if the developer has friends in even higher places than the mayor of Sosua.

 

[windeguy]

I hope that's true, but here you never know - especially if the developer has friends in even higher places than the mayor of Sosua.

I am betting, in thought only, that if the obstructions are not cleared before August 30, a show of force will be provided to the watchmen still standing on the 60 meter public right of way to Encuentro.

It has happened before that the PN came in and shots were fired from both sides, and people removed at this same location.

 

[ctrob]

The land owner cannot block land that is withing 60 meters of the ocean if he does not own the entirety of access points around that stretch of ocean front. .

I know there's a lot of moving parts in this one, but the way you wrote that doesn't seem to be the case with other properties I know of. Even right in Cab.

And what's considered an access point? Seems to me there is lots of access all around this property. And they can reach the beach. Surfers were actually crossing the rock blockade going to the beach just a couple days ago. That's access. What am I missing here?

The guy (who may not even own the property) blocked off his own driveways. Correct? The "road" may not even be a legal road. It looks like a lot of it got abandoned or deeded over to landowners. Not all of old Camino Viejo is in the 60 meter setback.

No need for a rebuttal, I'm just rambling. Wish I was there though, I'd camp out and watch.

My daughter wants to come down and do some surfing. Guess I shouldn't take her there.

 

[windeguy]

I know there's a lot of moving parts in this one, but the way you wrote that doesn't seem to be the case with other properties I know of. Even right in Cab.

And what's considered an access point? Seems to me there is lots of access all around this property. And they can reach the beach. Surfers were actually crossing the rock blockade going to the beach just a couple days ago. That's access. What am I missing here?

The access is blocked to vehicles. Illegaly. Others have stated the entire length of the road is indeed within the 60 meter set back as it applies to the Encuentro area.

The guy (who may not even own the property) blocked off his own driveways. Correct? The "road" may not even be a legal road. It looks like a lot of it got abandoned or deeded over to landowners. Not all of old Camino Viejo is in the 60 meter setback.

Which part of Comino Viejo is not within the 60 meter set back as it approaches Encuentro? Yes where it goes onto the main highway past several houses, it might be more than 60 meters were it comes out by La Cienaga road. That is not the part in question and being blocked near the beach. No idea on the former access points and ownership.

No need for a rebuttal, I'm just rambling. Wish I was there though, I'd camp out and watch.

My daughter wants to come down and do some surfing. Guess I shouldn't take her there.

I would avoid the place at the end of the month unless access is open to vehicles again before that unless you are wearing a bullet proof vest and helmet.

 

[windeguy]

Camino Viejo must be re-opened

New video from yesterday where this is said by Jorge M Sanchez , director of Medio Ambiente of Puerto Plata:

Director of Environment of Puerto Plata says that the District Board of Cabarete is responsible for opening and keeping open the old road that connects Playa Encuentro, which is kept closed by a private company.

In other words, open that road, stop the illegal blockage of it, or else.

https://www.facebook.com/aestahora/videos/1958255460902589/

 

[ctrob]

So what is the blockage at 1:05 in the vid? Blocking car access to the beach? The curved "path" to the left of the rocks looks like East end the property, right near the property line.?