Nude beach, Penticton: posted "No Trespassing"

[westbankkid]

According to Castanet the nude beach has been posted with NO TRESPASSING signs and the person that thinks he owns the beach,has hired a security guard.
I'm not 100% sure but I don't think he controls the beach within so many feet of the high water mark. It is open to public access. Some first nations do control to the waterline.

Maybe someone has the actual Government rulings on it before a fight breaks out on it.

[LANDM]

He would likely own down to the high water mark, unless there was something unusual about his foreshore rights.
That would make a very small usable area at this time of year, soon disappearing to nothing.

[Dawnland]

So sad that a piece of the marketable aspect of Penticton and area is being lost.
I recall being there a few years ago and there were some wonderful people from Germany and Brazil.
I liked how the camaraderie of the area insured that everyone was respected, including the upkeep of the beach.

[techrtr]

If they own the property what's the problem? If I owned it I wouldn't want it being used as a nude beach either. What a silly thing for people to whine about.

[fluffy]

I wonder, of all the people that have enjoyed the use of this beach to date how many have actually expressed any gratitude at all toward the property owners, or did they just assume it was there for the "taking" ?

[XT225]

I don't see a problem with anyone using it in the Summer time "in the buff" as the high water line will be completely different; stay below that and you should be within your rights.

[donzo]

I'm pretty sure the owner of the property owns to the high water line.
If he does not want people on his property, thats up to him.
People who have been going down there have known this for years. It's just the previous owners did not have a problem with it.
Maybe the property is too high priced and he is looking for a scape goat.
Prior to all the levels that were made, and it was more natural maybe that had something to do with it. Although it does make for alot more spots to tan.
Why not make the sandy area from the bottom of the stairs to the willow tree, which I believe is his property line a clothings optional spot?? But with that being said I am sure the people who bring their kids down would have an issue with that.
Not sure if there is a solution but it is sad to see it go in such a drastic way.
Not sure if someone could build a house down there. The banks are pretty unstable and the ground is pretty much clay.
Good luck.

[XT225]

He would likely own down to the high water mark, unless there was something unusual about his foreshore rights.
That would make a very small usable area at this time of year, soon disappearing to nothing.

This is the key, LANDM. He would own DOWN to the high water line only so at the present time, there wouldn't be much of a beach open to the public, if at all. However once the levels subside in the Summer that would be quite a different story and as long as there is public "access" to this area, anyone would be allowed to be there.

[fluffy]

Is somebody hoping to develop the area for residential lots ? If that's the case I can't see having a nude beach in the front yard being a big selling point. Is public nudity even legal on public land ?

[LANDM]

This is the key, LANDM. He would own DOWN to the high water line only so at the present time, there wouldn't be much of a beach open to the public, if at all. However once the levels subside in the Summer that would be quite a different story and as long as there is public "access" to this area, anyone would be allowed to be there.

The levels are not at the highest point yet. In the highest use time, the lake is "near" the high water mark but I don't know the slope of the beach. If it is steep at the water, there will be little foreshore.
There will be public access....by water, or by walking along the foreshore of other adjacent properties presumably starting at a public access point. Or do the users also expect the landowner to provide public access to his foreshore frontage through his property? That is unreasonable. And the reality is that the users were not staying on the foreshore.

A similar case would be if someone had a nude beach on the road dedication in front of your home. You don't own it, but is fronts on your property and you maintain it. You can't really kick someone off it but would you feel warm and fuzzy if people used it as such?

[Oxl3y]

The levels are not at the highest point yet. In the highest use time, the lake is "near" the high water mark but I don't know the slope of the beach. If it is steep at the water, there will be little foreshore.
There will be public access....by water, or by walking along the foreshore of other adjacent properties presumably starting at a public access point. Or do the users also expect the landowner to provide public access to his foreshore frontage through his property? That is unreasonable. And the reality is that the users were not staying on the foreshore.

A similar case would be if someone had a nude beach on the road dedication in front of your home. You don't own it, but is fronts on your property and you maintain it. You can't really kick someone off it but would you feel warm and fuzzy if people used it as such?

The people I've met on nude beaches are typically some of the nicest easiest going people I've had the pleasure of talking to. So personally I would be thrilled there was a nude beach near my house. As for this story it looks like to me that the owner is just having trouble trying to sell the property and is looking for someone to blame on his difficulties.

[fluffy]

As for this story it looks like to me that the owner is just having trouble trying to sell the property and is looking for someone to blame on his difficulties.

Well, if potential buyers have openly stated that the nude beach is their reason for not buying then perhaps the owner need look no further for someone to blame. Hmmm?

[LANDM]

The people I've met on nude beaches are typically some of the nicest easiest going people I've had the pleasure of talking to. So personally I would be thrilled there was a nude beach near my house. As for this story it looks like to me that the owner is just having trouble trying to sell the property and is looking for someone to blame on his difficulties.

They don't seem nice and easy going if they want a private property owner to foot the bill for their location.

The difference is that you say you would be thrilled if you had a nude beach "near" your house. That is very different than having the nude beach "at" your property, when you don't want it there, and when you are trying to sell it.

What part of private property rights is escaping you?
Can you imagine if you went to buy a property and there were unauthorized people, naked or not, telling you that they are using the property? The buyer simply moves on to another property without the hassle. A hassle which is now proven and makes the front page. Who needs that?

[Drip_Torch]

Exactly who is taking what and at what price?

[fluffy]

A couple of questions come to mind. Is there enough usable and/or aaccessible beach below the high water mark to make using the beach practical without trespassing on private land ? Is public nudity actually legal in a case like this?