The erection of a fence with no trespassing signs and a tarp-roofed structure to block access to a narrow strip of beach at Hansen Bay on St. John’s east end has upset residents and visitors who use the beach regularly.
Additionally, St. John Administrator Leona Smith said, the man claims to own the beach. “Nobody owns the beach,” Smith said.
Whether he actually owns the property inland of the shoreline is unclear, said Jean-Pierre Oriol, who heads Planning and Natural Resources’ Coastal Zone Management Division. Oriol said Friday that ownership is under investigation but he identified the person who put up the fence and structure as Elroy Ashtian.
Ashtian is in hot water with CZM for developing the property without the necessary permit.
The fence appears to violate the territory’s open shoreline act, which says “no person, firm, corporation, association or other legal entity shall create, erect, maintain or construct any obstruction, barrier or restraint of any nature whatsoever upon, across or within the shorelines of the U.S. Virgin Islands as defined in this section, which would interfere with the right of the public individually and collectively to use and enjoy any shoreline.”
The shoreline is defined as “the area along the coastlines of the U.S. Virgin Islands from the seaward line of low tide, running inland a distance of 50 feet; or to the extreme seaward boundary of natural vegetation which spreads continuously inland; or to a natural barrier; whichever is the shortest distance.”
Oriol said Friday no decision has been made on issuing a citation for developing without a permit. He said he’s waiting for a report from the task force that made a site visit Thursday.
Smith said the task force was made up of people from DPNR, the V.I. Police Department, the V.I. Territorial Emergency Management Agency, the V.I. Waste Management Authority, the Health Department’s Environmental Health Division and the Fire Service. She said the task force had several stops to make on its inspections around St. John but the east end beach was one of them.
Oriol said, as with all beaches in the Virgin Islands, the public can still access the beach from the water. The man does not have to provide access across the property. According to Terry McKoy, who lives in the area, the beach is accessible by entering through the property where the government-owned building known as the Lieutenant Governor’s House sits.
McKoy said the neighbors are upset and confused by Ashtian’s actions.
“There’s a long history of use of this spot,” he said.
It was unclear when work started on the fence.
The Open Shorelines Act and its prescriptions confuse most people. Here is some background.
When coastal property is purchased, adjoining shoreline has traditionally, and perhaps continues to be, purchased all the way seaward to the low water line. Private property owners are taxed on the totality of the property. With apparent good intent, the VI Government wished to ensure that citizens enjoy all shorelines of the Territory. The Open Shorelines Act provides for access – From the Sea Only – to shorelines of private property owners. It does not allow trespass through private land to get to a shoreline. In effect, the Act is a “taking” of private land for the public good. US land law mandates, under the U.S. Constitution that whenever a public authority seizes private land for the public welfare, it MUST COMPENSATE the private property owner Full Market Value for the taking. The Open Shorelines act became law without the signature of the VI governor. He knew that it was unconstitutional because under the Act, the VI Government was not required to compensate private property owners for taking their land.
Coastal property owners, nevertheless, must obtain permits to develop their property, this is also consistent with US land law. The statement “Nobody owns the beach”, is incorrect unless a person could hold the deed to a piece of property, yet still not own it.