| Thadd Eldredge
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3475
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11-06-2009 12:59 PM ET (US)
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The original right of way for the inhabitants of the Town of Chatham was within 100' of the old pole line. Before that area washed away, the camp owners of the North Village requested the relocation of the right of way so they could enjoy private beaches. It would have been interesting what would have happened if the ROW had not been relocated and the camp owners shut down access when the original locaiton washed away. There are some funny thoughts that come to mind - easement by necessity and bam the road is open again.
It is common for properties that are conveyed to the inhabitants to be extended to our visitors. Most of the Town beaches were conveyed in this manner.
There was one north village camp given approval in 2007/2008 ny NHESP to relocate to the edge of overwash. The camp could not be located within the overwash area and at the time there was a nesting pair within that overwash. This recent application of the ESA shows how non-uniformly it is enforced.
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