Sand Rights is a concept that merges the physical laws of sediment transport with societal laws of public trust. The basis doctrine is that human actions will not interfere, diminish, modify, or impede sand and other sediments from being transported to and along rivers, beaches, shores, or any flowing or windblown paths or bodies without proper restitution. Under this doctrine, projects should be designed or reevaluated to mitigate any interference that the project may have with sand transport.
As early as Justinian, cultures have understood that certain natural resources are incapable of private ownership. “By the law of nature these things are common to mankind – the air, running water, the sea and consequently the shores of the sea.” (Institutes of Justinian 2.1.1, quoted in National Audubon Society v. Superior Court(1983) 33 Cal.3d 419, 433–34.) Traditionally water, navigation, fisheries, and tidelands had been covered by the public trust doctrine. In certain cases,...
- Bascom W (1980) Waves and beaches: the dynamics of the ocean surface, 2nd edn. Anchor Books Press, New YorkGoogle Scholar
- Ewing L, Sarb S (1998) California’s program for mitigating sand supply impacts from seawalls. In: Proceedings from emerging trends in beach erosion and Sand Rights Law, Captiva Island, pp 232–248, 3–5 JuneGoogle Scholar
- Inman DL (1985) Damming of rivers in california leads to beach erosion. In: Proceedings of the oceans ’85: ocean engineering and the environment vol 1, 674. Marine Technological Society and IEEE, pp 22–26Google Scholar
- Magoon O, Edge BL (1998) Sand rights – the fragile coastal balance. In: Proceedings from emerging trends in beach erosion and Sand Rights Law, Captiva Island, pp 1–19, 3–5 JuneGoogle Scholar
- Magoon O, Edge BL (1999) Bring back the beaches. Civil Engineering, December, 96Google Scholar
- Stone KE (1999) Sand rights: a legal system to protect the shores of the sea. Stetson Law Rev. WinterGoogle Scholar
- Stone KE, Kaufman B (1988) Sand rights: a legal system to protect the shores of the sea. Shore Beach 56(3):8–14Google Scholar
- US Army Corps of Engineers (1984) Shore protection manual. Government Printing Office, Washington, DCGoogle Scholar