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January 26, 2014


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Avulsion is also a medical term for various types of trauma; exposure to real-property law may itself constitute a form of trauma. This seems a very apt time to revive the idea that sand forms part of the communal good; nor are owners the only beach dwellers with an interest. This recently from the Audubon Society:

Only 8,000 piping plovers survive in the wild, a fraction of their historic population. Until two or three years ago, no one knew where most of these birds spend the winter months. The mystery took almost a decade of painstaking work to solve. In 2011, scientists found many of the missing plovers in a shallow archipelago called Joulter Cays, near Andros Island in the Bahamas. Now Audubon is working with the Bahamian government and others to protect the Joulter Cays from development, sand mining, invasive plants and other threats.

A globally endangered species. "In coastal areas such as Plymouth, Cape Cod, Long Island, Sandy Hook, Cape Henlopen State Park in Delaware, North Manitou Island in Lake Michigan, and most recently, Cape Hatteras National Seashore on the Outer Banks of North Carolina, beach access to pedestrians and ORVs has been limited to protect piping plovers and their chicks at critical times of the breeding season."

One big sand mine, however, and these efforts will be, as American lawyers say, moot.

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