Who Gets to Use a Highly Coveted Footpath to the Atlantic Ocean?
An ongoing case was recently decided for the Town of Palm Beach regarding the contentious issue of public versus private beach access.
Latest Beach Access Court Case
On January 24, 2025, the 15th Judicial Circuit Court in Palm Beach County issued a summary judgement in a case pitting the Town of Palm Beach against three residents who live near the beach access at the intersection of Atlantic Avenue and Ocean Boulevard. The court ruled that the beach access in question is private, not public. The plaintiffs in the suit were Town of Palm Beach residents, Virginia Dadey, Gregory Englesbe and Peter Kaupe, who live in the 200 block of Atlantic Avenue.
Resident Friendly Walking Paths
The Town’s popular beach access points are designated walking entrances, and in some cases, dedicated parking areas. They may include boardwalks, walkways, and sand paths to stretches of the shoreline and are located on public lands east of “Mean High Water” on the shoreline. As a service to residents, once the Town designates a beach access point, the area is clearly marked and maintained. Public beach access points have time-set electronic locks installed and managed by the Public Works Department. The locks activate at night per Town ordinances. Police officers and other Town staff have a code to access when locked.
Are the beach entrances easy to find? That depends on how well you know the area. Some are, and some aren’t. They may be tucked along the sometimes-winding and thickly foliaged local roads, and they can be hidden amongst some of the Town’s most exclusive estates. Finding one may feel like discovering a secreted Town treasure. If you are a resident, you may drive by one daily. If you are a visitor, you may have to ask for clear directions before packing up the beach umbrella and sand pails.
As you can imagine, the “locals” do treasure these Town amenities and can be quite vocal if they feel their beach access designations are threatened.
Atlantic Avenue Boardwalk to the Ocean
An Atlantic Avenue beach access point that utilizes an easement and a wooden stepped walkway to the beach near the corner of Atlantic Avenue and N. Ocean Boulevard had made the shoreline pleasantly approachable for sand seekers. However, homeowners that live nearest to the access point on the 100 block of Atlantic Avenue installed a locked gate and signage marking the beach access point as private, claiming that the people who frequented the area were not Palm Beach residents, littered the beach, and didn’t clean up after their dogs. In response, nearby residents, the plaintiffs of the lawsuit, asked the court to force the Town to compel the 100 block residents to remove the gate and signage and return public access to the beach.
As recorded in court documents, Guy Rabideau, Esq., on behest of the owner of 110 Atlantic Avenue, conducted a title search and concluded that the beach access was indeed private and dedicated to the use of the 100 block owners by an original property plat dating back to 1912. The Town’s real estate attorney reviewed the plat and title search report and reached the same conclusion.
Beach Access Directory
You don’t have to be a full-time resident to know where the Town’s beach access points are. You can find them with a couple quick clicks when you go to the Beach Access Finder. It’s a handy hack provided by the Rabideau Klein law firm that reveals the closest beach access to any given property address in the Town of Palm Beach. You simply type in the address and the area is searched for the closest public beach entrance.
If a purchase or sale of a Palm Beach home is in your near future, you are welcome to contact the Florida Bar Board-Certified attorneys David E. Klien, Esq. or Guy Rabideau, Esq. at the Rabideau Klein law firm. They have the expertise and experience you need to ensure that your interests are protected during any real estate transaction, across the Palm Beaches and throughout the State of Florida. When you’re ready to close, contact Rabideau Klein to discuss the legal implications of your next Florida move.