Who Owns Oregon's Beaches

Oregon has nearly 363 miles of pristine, public coastline beaches. Or does it? The Oregon Beach Laws of 1967 and 1969 protected the public's right of access to the free and uninterrupted use of Oregon ocean beaches and regulated the use of motor vehicles on the beaches. Now the U.S. Supreme Court may have something to say about that. A case from Florida being argued today pits the state's need to prevent beach erosion against the rights of property owners to keep ownership of the land at the water's edge. Property owners bringing the case claim that new beach laid down through the State's beach replenishment program, is theirs. The State says the property owner's property line hasn't changed with the addition of more beach. It's just that they have more dry beach now. The real issue is that property owners don't want the general public to use the new beach area, in essence preserving the beach as their own private domain. Now it's up to the supreme court to decide if the State of Florida judicial system acted unconstitutionally by making a ruling which resulted in an unconstitutional taking of private property. The Florida Supreme Court says that the beach replenishment is just "the state's constitutional duty to protect Florida's beaches in a way that reasonably balances public and private interests." When new beach is created, property owners' rights haven't changed: they can still get to the ocean and see the water. The court also said Florida common law has never provided the landowner a right to own the emerging land as their own property. Now the U.S. Supreme Court — including at least one justice who owns a vacation house on the water — will make a ruling. The decision might make big changes for Oregon's beautiful public beaches--and not in a good way.

My Favorite Neighborhoods, Part One: Heceta South

Florence, though a small town, includes areas and subdivisions both north and south of the Siuslaw River bridge, all with unique neighborhoods with their own style, ambiance, amenities and microclimates. One subdivision near the beach but out of the tsunami zone is a favorite of mine: Heceta South. Perhaps its distinguishing feature is the size and character of the lots, which range from .4 acres to .8 acres and are heavily vegetated with native plants and trees, primarily salal and shore pine. The CCR's require a 10 foot vegetative buffer around the perimeter of each property and that's such a good thing. Not only does it preserve native vegetation which provides food and shelter for animals large and small, like bear, deer, chipmunks, squirrels and birds, but it also acts to retain fragile beach area soils from washing away, acts as a rain filter, looks beautiful and, not insignificantly, acts as a wind break for our summer winds from the north and from our infrequent winter storms from the south. The homes in Heceta South are all custom built, so no tracts of the same design here. Home sizes range from about 1,800 to 3,000 square feet. Since there are only two access roads into the subdivision, the whole neighborhood is one big cul de sac with wide streets that are perfect for jogging, biking and walking. Most streets are either flat or sloped gently. Though there are a few second homes, most homes are owner occupied with very few rentals. What few rentals there are tend to be long-term rather than vacation rentals. Properties are very well kept, many with lovely landscaping, some with vegetable gardens planted with blueberry bushes and cool weather crops which do especially well in the prevailing temperatures in and around Florence. I am particularly fond of two homes that are for sale now in Heceta South. One is a short sale, particularly well-priced at $299,000. http://preview.tinyurl.com/y9tnud3 My favorite characteristic of the home is the cathedral ceiling in the living room with floor to ceiling windows that look out at a sea of green. My other favorite home is probably the most interesting home architecturally in Heceta South: http://preview.tinyurl.com/ye4ftzr It reminds me of a ship at sea with all the different windows and roof lines. It has 7 decks, a 3/4 acre lot on which live fascinating wild life, hardwood floors, a backyard Zen garden and so much more. If you want the best of living close to the beach without the disadvantages of being oceanfront, this neighborhood is the perfect choice.

When's a Tsunami Coming to Florence?

Lots of people who are interested in owning a home in Florence ask me about tsunamis and the tsunami zone. The Cascadia subduction zone is a fault that stretches from northern Vancouver to northern California. Recent findings concluded the Cascadia subduction zone was more hazardous than previously suggested. The feared next major earthquake has some geologists predicting a 10 to 14% probability that the Cascadia Subduction will rupture in the next 50 years, producing an event of magnitude 9 or higher. The tsunami produced may reach heights of approximately 100 ft. The last known great earthquake in the northwest was in January of 1700. The Great Alaska earthquake of 1964 was the most powerful recorded earthquake in US history, a magnitude 9.2. The resulting tsunami affected Florence as well. Water was pushed up the Siuslaw River until it ran out of steam where the river widens out at the North Fork of the Siuslaw, not far from Florence. Geological evidence indicates that great earthquakes may have occurred at least seven times in the last 3,500 years, suggesting a return time of 300 to 600 years. There is also evidence of accompanying tsunamis with every earthquake. The City of Florence has addressed the question of tsunamis head on. Follow this link for more information, including a tsunami map: http://www.ci.florence.or.us/default.cfm. Click on the link on the left, Emergency Preparedness.