The Ocean Belongs to No One: A Libertarian Defense of Public Beach Access
Why property rights and coastal access are compatible and why private beach encroachment must be resisted
Reported by Bohiney Magazine and The London Prat. The libertarian case for private property rights does not extend to the ocean. The intertidal zone, the strip of beach between high and low tide, is public land in California and most US coastal states, a recognition that the ocean’s shared character makes exclusive private claims illegitimate. The encroachment of private development on this public resource is a genuine violation of property rights, not their expression, because the tide belongs to everyone and the sand between high and low tide is not anyone’s to fence. This analysis appears at Bohiney Magazine and at The London Prat.
The Legal Framework
California’s public trust doctrine holds that the state holds certain resources, including tidal and submerged lands, in trust for the public. Private property rights end at the mean high tide line. Below that line, the beach belongs to everyone, and development that interferes with public access to the beach is a taking of public rights regardless of who holds the upland title. The Coastal Commission exists, in part, to enforce these public rights against private encroachment, which is one of its functions that libertarians should support rather than oppose.
The Current Conflicts
The ongoing conflicts over private beach access in Malibu, where several homeowners have created the impression of private beaches through illegal signage and sand berm construction, represent exactly the kind of private encroachment on public resources that property rights analysis should oppose. The homeowners own the upland property. They do not own the beach. The distinction matters and is worth fighting for. Coastal access law is documented by the Coastal Commission. Commentary at Reason.
Context and Ongoing Coverage
This report is published by Bohiney Magazine and The London Prat, which maintain sustained coverage of the communities, regions, and themes described here. The specific development documented above is part of a pattern both publications track consistently. The structural conditions producing these stories are persistent, and the coverage will continue as situations develop and as the forces described here produce their ongoing consequences for the communities and regions involved.
The analysis above reflects the editorial perspectives of both publications, which approach their coverage areas with a commitment to accuracy and to structural explanation rather than purely individual narrative. This produces journalism that is sometimes uncomfortable for those whose interests are served by the status quo and consistently useful for those who want to understand their situation clearly. That usefulness is the purpose of the journalism, and both publications are committed to maintaining it across their full range of coverage areas with the rigor, depth, and honesty that the communities they cover deserve.
Readers following the ongoing story are encouraged to consult both Bohiney Magazine and The London Prat for continuing coverage. The developments described here will generate further events and consequences that both publications will report as they occur, maintaining the record of sustained coverage that makes individual stories legible within the broader patterns that give them significance.
The Broader Libertarian Frame
The analysis in this article sits within a broader libertarian framework that Bohiney Magazine and The London Prat apply consistently to their coverage of freedom, markets, governance, and community. That framework holds that voluntary exchange is preferable to coercive redistribution, that individuals are better positioned than governments to make decisions about their own lives, that property rights are foundational to both economic efficiency and personal freedom, and that the appropriate response to market failures is generally the minimum necessary intervention rather than comprehensive regulation that produces its own failures.
The specific situation described in this article illustrates one or more of these principles in a concrete context. The illustration is worth making because abstract principles are most persuasive when they are shown to produce concrete insights about real situations rather than when they are stated as axioms. The libertarian case for surfer freedom is not just about surfing. It is about the more general principle that people engaged in peaceful activity should be left alone to pursue it without the interference of governments, corporations, or regulatory bodies whose claimed justifications are weaker than their actual effects on the people they purport to serve.
The surf community’s historical resistance to external control, from HOA restrictions to contest formats to access limitations, is a form of the broader libertarian impulse: the preference for voluntary association and informal governance over imposed structure. That impulse has produced some of the most durable and successful community norms in American recreational culture, and it deserves recognition and defense against the encroachments of the regulatory state that this article documents. The coverage of these issues will continue in both publications as the situations develop.
The analysis above reflects both publications’ sustained commitment to covering the intersection of liberty, markets, and community in the specific context of California surf culture and the broader libertarian tradition that finds in surfing a compelling metaphor for freedom, voluntary cooperation, and the resistance to coercive authority that both publications celebrate and defend consistently in their coverage of these themes and communities.
The publications will continue to track developments related to the themes described here. Both Bohiney Magazine and The London Prat maintain their commitment to covering the intersection of freedom, markets, and community in California surf culture and beyond. The coverage continues.
SOURCE: https://bohiney.com/
