Judge rejects return of Cabarete beach access

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windeguy

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Jul 10, 2004
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CristoRey said:
I?m a little confused, are you sure?
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While I am fairly certain people will still have access from the road to parts of Cabarete beach, what I understand was rejected by the judge was a request by the Cabarete Association to allow access at other points where walls have been built. This was also stated as being the case on Facebook.

A google translation of the first paragraph.

PUERTO PLATA. The president of the Civil and Commercial Chamber judge of the judicial district of this city yesterday rejected an appeal brought by an association for the protection of the environment that demanded the restoration of access roads to the beach Cabarete, understand which it was made out of time, and it was also unconstitutional because it violated the rights of private property.
 
Abuela

Abuela

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May 13, 2006
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Maybe this thread can be moved to Legal so the Guzman's can offer an opinion since a precedent could affect the whole island in regards to beach access.
 
CristoRey

CristoRey

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Abuela said:
Maybe this thread can be moved to Legal so the Guzman's can offer an opinion since a precedent could affect the whole island in regards to beach access.
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Agreed. Its my understanding there are/ have been laws in place for a very long time
to prevent this exact type of situation from happening. I wouldn?t be surprised if this
judge?s ruling is overturned in the future by a higher court?s decision.
 
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dv8

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the constitution says very clearly:
Los r?os, lagos, lagunas, playas y costas nacionales pertenecen al dominio p?blico y son de libre acceso, observ?ndose siempre el respeto al derecho de propiedad privada.
 
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dv8

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moved the thread to legal, as requested. hopefully fabio guzman can comment on this matter.
 
CristoRey

CristoRey

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dv8 said:
the constitution says very clearly:
Los r?os, lagos, lagunas, playas y costas nacionales pertenecen al dominio p?blico y son de libre acceso, observ?ndose siempre el respeto al derecho de propiedad privada.
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Sounds pretty cut and dry.
 
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windeguy

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How does one always respect the rights of private property owners while simultaneously granting free access to beaches?
 
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popeye

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windeguy said:
How does one always respect the rights of private property owners while simultaneously granting free access to beaches?
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majority of USA beaches are owned by the government up to a certain point. Except a few states have laws from way back. really not a problem. of course that is there and this is here.
 
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dv8

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windeguy said:
How does one always respect the rights of private property owners while simultaneously granting free access to beaches?
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maybe it has something to do with existing roads or public areas. in cabrera there is a project with lots for sale, some of which have tiny private beaches. since there is no public road to the beach and the entire land is a private property there is no access to the beach that is not trespassing (apart from coming in by boat).
 
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Derfish

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We had a thread a while back talking about a 60 meter set back. I didn't totally understand what it was all about, but if there is such setback maybe that means freea ccess to the first 60 meters?
 
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windeguy

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Derfish said:
We had a thread a while back talking about a 60 meter set back. I didn't totally understand what it was all about, but if there is such setback maybe that means freea ccess to the first 60 meters?
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That is just a safety requirement that buildings must be set back 60 meters from the high water mark. Something that frequently violated.
 
drstock

drstock

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Cabarete
popeye said:
majority of USA beaches are owned by the government up to a certain point. Except a few states have laws from way back. really not a problem. of course that is there and this is here.
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I believe all beaches are publicly owned here, but the question is about access to them.
 
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windeguy

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drstock said:
I believe all beaches are publicly owned here, but the question is about access to them.
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Access is indeed the question. Apparently walls can be built by beach front private property owners blocking all access to a beach from land and that is not a problem with respect to the laws in the DR.
 
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Uzin

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Oct 26, 2005
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Yes, the beach is public but access can be blocked - a bit contradictory. Just see what happened from Playa Alicia to Playa Chikita in Sosua.
 
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ctrob

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The govt needs to be proactive and designate right-of-ways on remaining undeveloped beachfront properties where it's deemed necessary - before it's too late. That way a potential buyer knows what he's getting into when he purchases that particular property. By Eminent Domain or whatever they call it down here. It ain't rocket surgery.

But a property owner has every right to put a wall around his property and deny access. He bought it, he owns it.
 
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