As a result of the advancement of numerous theories for opening restricted beaches in various jurisdictions, beach litigation presently enjoys a somewhat confusing posture in the law, no theory having been found to have universal application. Indeed, the future course of beach litigation appears to depend on a case by case development, adjusting itself not only to the legal climate of a given jurisdiction but to a given locality's historic and geographic development as well.
"Colonial Patents and Open Beaches,"
Hofstra Law Review: Vol. 2
, Article 10.
Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol2/iss1/10