Out of curiosity (and having no background in real estate or property law of any kind) can someone chime in on whether adverse possession applies here...seems like the public has been using that beach for a lot longer than the 10 years required? Is it because it's the city vs the property owners?
Adverse possession would not apply because the adjoining property owners, before they discovered the error did not believe it was their property. After they discovered the error, they did not allow "open and notorious" use to continue unchallenged. They challenged that use by fencing it off and enforcing their newly found property and newly found property right.
Too bad we have to pay this patent troll anything. He and his neighbor stole the beach from us anyway. They had the audacity to ask for damages. Screw them. The beach belongs to We the People.
How much is 85 years' worth of property taxes on waterfront property, plus interest? Make the landowners pay that while the beach is fenced off, then eminent domain it back.
Oh so NOW the City is claiming eminent domain...for a beach but Roosevelt/Ravenna is abused by slumlords for 20 years and the City couldn't use eminent domain there? Interesting and noted, Mayor Murray.
@14 Thank you for your long and heartfelt response to this post. Sorry you lost your private, magical place at the bottom of the rickety stairs. When the Mayor and Council get their way, children, dogs, grandparents, kayakers, teenagers, paddle boarders and many others will once again be able to enjoy this one tiny spot of beach access along 5 miles of the Burke Gilman Trail. I hope you will take comfort from the words of the neighboring "relaxed and reasonable homeowner" on the north side of the beach who took the property away from the public. On KIRO-TV he said: "If you want beach access go by your own waterfront property."
While I'm sure these two people are a couple of greedy turds, who found a loophole... Is it worth using $400k of public money, and forfeiting the recurring property tax revenue (which goes to education) of approximately $5200/annually (based on the $200k/per parcel value) to give yuppies a place to launch their kayaks? I'd prefer to see the money go to education.
Their property taxes should be reassessed appropriately.