From Editorial in today’s Pilot:
  The editorial board of The Pilot recently wrote that Cape Henry Beach properties in Virginia Beach belong, by deed, to private owners. Yet, amazingly, that same opinion stated that such ownership is a mere technicality regarding private property rights.

  It appears the normally civicminded folks on the board have relied on incomplete information. This is alarming on an issue as important as citizens’ private property rights and a government that uses eminent domain against those rights.

  Our deeds to these Cape Henry beaches, in fact, are unique in the commonwealth, date back to pre-Colonial times and have a documented, historic chain of ownership.

  Our particular property and two other contiguous properties are on a section of the beach that continues to accrete; this part of the beach has   gained 150 feet of beachfront since 1956.

  The owners of these three properties have never requested the city or Army Corps of Engineers to place sand on our beach. We have never requested the city to pick up trash or to provide police patrols for our private beach. We have, in fact, spe   cifically requested several times that the city not trespass on our private property for these publicly funded maintenance efforts. We have not disputed the public’s right to walk along the waterline of the beach, and we have enjoyed harmony and good will among our visitors and guests.

  Our neighboring beach properties to the east need beach erosion protection. Placing the spoils of future Lynnhaven Inlet dredging on those beaches would be cost-effective for the city.

  These facts led our three communities that do not need sand replenishment to offer, at no cost, a renewable construction easement to the city. It would ensure that the Army Corps would have the necessary permissions from private properties to place pipe and equipment on our beaches to deposit sand on   these eastward beaches. This construction easement would facilitate dredging the channel and would provide sand replenishment to those beaches that suffer serious erosion.

  The city, rather than accept our offers to volunteer a renewable construction easement, additionally demanded a “recreational easement” for public use. The city’s attempt to take privately owned property is an infringement on our constitutional rights as private property owners.

  Yes, as you surmise in your editorial, all of us would like to avoid a costly court battle. As homeowners and taxpayers, we couldn’t agree more.

  We would’ve liked to see the city avoid the cost of a private law firm under city contract that has billed $285,475 just from 2003-05 on this specific issue. Additional charges from 2006-09 are $1,066,720.  The City Attorney’s Office states that this represents “a substantial amount of the work done from 2006-2008 related to Cape Henry Beach as well as portions that relate to other beaches as well.”

  Your opinion that taxpayers would be paying for “property owners to benefit from wider beaches in their backyards” is exactly why those of us who are property owners are not requesting such a “benefit.”

  Our specific beach property, for which we have title, is our backyard, is private property, and we are not asking taxpayers to pay for the benefit of a wider beach or for city services.

S.E. Sands, Lisa Koperna, Stan Clark, Edwin Tirona and Jim Bolcar

  Directors Lynnhaven Dunes Condominium Association Virginia Beach