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View Poll Results: Who agrees, City maintained mooring fields are better than no oversight?
Agree City forced and maintained 6 14.63%
Disagree Open to freely anchor at will. 13 31.71%
State should address the real problem. Abandoned boats 19 46.34%
City owned mooring field and privately run by contract 3 7.32%
Voters: 41. You may not vote on this poll

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  #191  
Old 02-21-2014
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Re: Beaufort South Carolina no longer a free anchor

Hmmm, speaking of "squatters"...

Or, make that "Constitutionalists"... :-)

Not hard to see why unoccupied derelict boats are left to languish indefinitely, when it took weeks for authorities to respond to a situation such as this:

Wretched conditions on sailboat lead to child abuse charges - CapitalGazette.com: For The Record

Last edited by JonEisberg; 02-21-2014 at 09:33 AM.
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  #192  
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Re: Beaufort South Carolina no longer a free anchor

Well Rich, I wish I had better things to do than adding my two cents worth to some of these posts. I'm sitting here in the mountains of NC some 6 hour drive away from the boat thinking of all the work that needs to be done. Plan to use that Preval sprayer for some gel coat repair that we discussed some time ago. Always good to read your posts.
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  #193  
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Re: Beaufort South Carolina no longer a free anchor

Quote:
Originally Posted by Group9 View Post
One big difference is we don't have a huge body of federal law, called camperly law (i.e. Admiralty Law) that governs a large body of legal issues on waterways and is a superseding authority in the issues where it does apply.

Cities, counties and states are not immune. We had the state attempt to build a 75 foot fixed bridge down here, after Katrina, and were successfully sued in Admiralty court by a boat builder whose completed boats would have been hindered in navigation under the bridge. The mayors of the two towns on either side, and the head of the state Department of Transportation, all basically were quoted in various news media as saying they didn't believe the lawsuit was going to be won by the boatbuilder.

But they were wrong. They were enjoined in federal court from building the bridge at that height. That bridge now has 95 feet of clearance.

The moral of the story being, there is a difference when it's navigable waters, local governments will attempt to violate that law (or any other law) if they feel it is in their best interest to do so, and boaters do have some rights in those areas that can't be infringed (but only if, they are willing to fight for those rights).
I understand the difference, but the discussion was of the "taking of public area's" so I think the comparison is valid. Are there any portions of the Admiralty law that protects people's rights to permanently abandon there boats in the middle of a designated anchoring zone?
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  #194  
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Re: Beaufort South Carolina no longer a free anchor

Quote:
Originally Posted by joethecobbler View Post
I hung on a claw and chain and a Danforth and chain each #40-45 for three days in Chesapeake basin during Sandy.
I'm pleased with my ground takle.
was I "squatting "? We were there for 5-6 days total.
I don't think anyone here is saying anything about anchoring during a storm, there are still area's that you can do that. Now are you squatting after 5 days, no certainly not, 30 days perhaps. I think as long as you are actively on the boat it is not an issue, but if you are just using it as a free place to permanently moor your boat, yes it is squatting. Anchoring areas are for everyone and if someone comes in and leaves there boat permanently then it they are making it essentially there private mooring area, so as to prevent others from using it.
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  #195  
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Re: Beaufort South Carolina no longer a free anchor

Quote:
Originally Posted by Multihullgirl View Post
Thanks Group9. I now see where the laws differ.

In our instance (mooring fields) it would take a pretty good lawyer to argue that navigation is impeded as in the example of the OS/BLX bridge. That is to say, in a historic anchorage whereat navigation was really already impeded, yes? And of course Trinity could afford good lawyers. I've not yet seen anything come out of the Trinity yard which challenges anything near that bridge height only a couple of gin palaces, ha ha

It appears, ltgoshen, that Group9 has offered your answer. Got lawyer?
My recollection is that at the time, they had some orders for some boats that were going to be taller than 75 feet. Trinity was also in the process of moving their New Orleans operations to Gulfport. But, the big thing, that I remember, was that the Coast Guard joined the lawsuit and agreed the bridge height affected navigable waters.

I used to work for the state attorney general and it was always amusing when government officials would write for an opinion on whether they could do "A" and we would tell them they couldn't. And, then they would go and do it anyway, and then come to us wanting us to represent them when they were sued for doing what we told them they couldn't do.

Amazing, but it happened a lot.
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  #196  
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Re: Beaufort South Carolina no longer a free anchor

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Originally Posted by Group9 View Post
And, then they would go and do it anyway, and then come to us wanting us to represent them when they were sued for doing what we told them they couldn't do.
I suspect, though, in the instance of Beaufort, the precedent is that mooring fields are established along our waterways and have been for some time. Not just in Florida but in the New England/Northeast. Are there examples to the contrary, that is to say, removal of mooring fields?
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  #197  
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Re: Beaufort South Carolina no longer a free anchor

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Originally Posted by Multihullgirl View Post
I suspect, though, in the instance of Beaufort, the precedent is that mooring fields are established along our waterways and have been for some time. Not just in Florida but in the New England/Northeast. Are there examples to the contrary, that is to say, removal of mooring fields?
I don't know. But, I used to be amazed how any cases of first impression we used to get. You would think in a couple of hundred years that everything would have come up at least once, but people always find new things to disagree about.

I used to say the funniest thing was the fact that we had 82 counties, with each one putting their own interpretation to every statute, and one hundred per cent sure the other 81 had it wrong.
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  #198  
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Re: Beaufort South Carolina no longer a free anchor

One can only wonder whether a 'cruising boat' burning up yesterday in the Miami Beach anchorage might renew the pressure for more 'regulation' of the popular anchorage south of the Venetian causeway...

Fire Destroys Sailboat, Kills Pet Near Monument Island « CBS Miami

This is one of my favorite anchorages in S Florida, it's a great staging spot for crossing to the Bahamas. Very convenient to a large Publix market, drug, hardware & liquor stores, Post Office, you name it. Close to Lincoln Road, and all the attractions of Miami Beach, and the setting is spectacular, as metropolitan anchorages go. Endless parade of watercraft, one's girl-watching glasses will get a good workout around here... :-)

The spot most choose to anchor is in the lee of the high-rise condos, close to shore. I generally choose to anchor much further out, near Monument Island, where I'm always by myself.





There are a few drawbacks to the more popular anchorage, the primary one being some weird tidal current swirls in that area. Boat traffic generally passes close aboard, so you can see a lot of wakes there, it's noisier, and being so close to those high rises, I always feel my cockpit might be subject to some 'prying eyes' from some balcony 18 stories up :-) My wind generator produces more amps anchored out in the open... And finally, I'd prefer to distance myself from some of the other 'cruisers' who inhabit the anchorage closer in...

I've always been surprised by some of the boats in there, given their proximity to some very high-dollar real estate... There has been one large, very unsightly rusting steel-hulled boat with no mast that has been anchored there for years, and a smattering of other boats that appear to be teetering on the verge of derelict status...

The report is that the owner of the boat that burned yesterday had "multiple boats" anchored there... Also, that his dogs "barked all the time"... Yeah, I'm familiar with the type, hence my preference for anchoring off more by myself... :-)

This incident cannot be good news for cruisers, given the uneasy truce that has been established between the city of Miami Beach and the cruising community in recent years. Miami Beach had one of the most restrictive anchoring ordinances/policies prior to the Florida Supreme Court ruling on anchoring several years ago that struck down such local laws, but an incident like this will only provide more ammunition for the local residents to 'clean up' the anchorage, and rid the area of some of their 'less desirable' neighbors...

Sadly, we only have 'one of our own' to thank for whatever closer scrutiny or regulation is likely to come...

Last edited by JonEisberg; 02-24-2014 at 09:29 AM.
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  #199  
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Re: Beaufort South Carolina no longer a free anchor

Quote:
Originally Posted by JonEisberg View Post
Sadly, we only have 'one of our own' to thank for whatever closer scrutiny or regulation is likely to come...
That is almost always the case. But you should have turned around and taken a picture from behind, for that would show the ugly pile of cruise ships and rows of gantry cranes along the Causeway and Dodge Island behind you. Not really much of a view, wouldn't you say?
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  #200  
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Re: Beaufort South Carolina no longer a free anchor

Quote:
Originally Posted by Multihullgirl View Post
That is almost always the case. But you should have turned around and taken a picture from behind, for that would show the ugly pile of cruise ships and rows of gantry cranes along the Causeway and Dodge Island behind you. Not really much of a view, wouldn't you say?
Actually, I posted the view in the opposite direction back in #182... It's not bad, particularly after the sun sets, and the Miami skyline lights up... :-)

I don't notice the cruise ships or container port all that much, they're somewhat obscured by the large homes of the Rich & Famous on the isles, anyway... All part of being in the midst of a large port city, no?

Unquestionably, those cruise ships are among the ugliest creations of modern mankind:





However, they're not necessarily any worse than some of the 'Sailing Vessels' that pass through that anchorage... I'll take my view of the cranes on Dodge Island without that eyesore in the foreground, thank you... :-)





Furthermore, anyone who is overly offended by the sight of cruise ships, may want to think twice before sailing off to "Paradise", themselves... For that's where all these things are headed, after all... :-)


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