SEMPITERNAL

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beck123
Lexiterian
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Location: Jacksonville, FL, USA

Postby beck123 » Thu Feb 18, 2010 8:49 pm

In Florida, the State owns anything under water. If you own significant acreage, and if a spring originates on your property, others may canoe, swim, or even walk upstream to the spring and cavort therein day or night. They may not, however, touch the riparian land adjacent to the run or the spring without your permission. Same for beaches: in Florida, they belong to everybody, and only the State can restrict access. I don't know how far inland that right extends, but it isn't very far.

The State also requires public beach access every 1/4 mile, but enforcement is very poor, and wealthier communities keep their beaches private by not having access and not allowing parking on the nearby streets.
Beck

"I don't know whether ignorance or apathy is worse, and, frankly, I don't care." - Anonymous

saparris
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Location: South Carolina USA

Postby saparris » Thu Feb 18, 2010 10:49 pm

I can understand how wealthy property owners can prohibit beach access. It's called the Golden Rule (as in, "he who has the gold rules").

But riparian rights coming into play when a spring comes up on your own land seems at odds with the concept of land ownership, which holds that, when we own property, we own it to the center of the earth and to some undefined point in the atmosphere. (That's why we have mineral and water rights.)

According to Florida law:
With the purchase or sale of real estate comes certain air rights, mineral rights and water rights. Water rights include the use of underground water as well as water that touches the owner's property.

Seems the State of Florida is contradicting its own laws by imposing riparian rights on a spring that just sort of pops up all by itself.

Could be an interesting study in semantics all own its own.
Ars longa, vita brevis

beck123
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Location: Jacksonville, FL, USA

Postby beck123 » Thu Feb 18, 2010 11:29 pm

The statute you quoted gives the landowner rights to use the water, but without a special dispensation by the state, he may not restrict others from its use, provided they do not infringe on dry land that he owns.

There are some exceptions. State parks occasionally restrict access to springs from downstream, either for safety reasons, to guarantee paid access to the park, or to protect something (usually manatees) that use the spring in the winter months. Some private enterprises have also been given permission to restrict water access to springs from downstream. Silver Springs and Homasassa Springs (both privately owned) come to mind.

Unless things have changed in the last decade or so, the public is still allowed to follow streams up into springs on private property, swim, dive down and examine the boil at close range, etc., as long as the dry land is left untouched.
Beck

"I don't know whether ignorance or apathy is worse, and, frankly, I don't care." - Anonymous

saparris
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Location: South Carolina USA

Postby saparris » Thu Feb 18, 2010 11:38 pm

In South Carolina, we have similar laws regarding the use of first cousins, and--to bring this discussion back on topic--it's been that way sempiternally.

And with that, I think I'll say "Goodnight, Chet."
Ars longa, vita brevis

beck123
Lexiterian
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Joined: Fri Jan 22, 2010 9:12 pm
Location: Jacksonville, FL, USA

Postby beck123 » Fri Feb 19, 2010 12:00 am

Or semi-paternally, as the case may be. Good night, Dave.
Beck

"I don't know whether ignorance or apathy is worse, and, frankly, I don't care." - Anonymous

LukeJavan8
Great Grand Panjandrum
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Location: Land of the Flat Water

Postby LukeJavan8 » Fri Feb 19, 2010 12:25 pm

I like the idea of owning the land to the center of the
earth. What a confusing jumble of property fights
could ensue at that point.
Good night, Johnboy.
-----please, draw me a sheep-----

saparris
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Location: South Carolina USA

Postby saparris » Fri Feb 19, 2010 7:56 pm

If you own a condominium in a building where there are other owners, you own to the inside walls and from the floor to the ceiling. No earth or sky.

This, in real estate terminology, is known as the "horizontal property law." Nothing sempiternal about condo ownership.
Ars longa, vita brevis

LukeJavan8
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Location: Land of the Flat Water

Postby LukeJavan8 » Fri Feb 19, 2010 7:59 pm

If you get inside the pearly gates and get one of the
"mansions", is it sempiternal??
-----please, draw me a sheep-----

User avatar
Slava
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Location: Finger Lakes, NY

Postby Slava » Fri Feb 19, 2010 8:00 pm

If you get inside the pearly gates and get one of the "mansions", is it sempiternal??
Only if you behave. You can get kicked out.

LukeJavan8
Great Grand Panjandrum
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Postby LukeJavan8 » Fri Feb 19, 2010 8:05 pm

I thought heaven was permanent!
Or are you making a pun that I don't get???
-----please, draw me a sheep-----

saparris
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Location: South Carolina USA

Postby saparris » Fri Feb 19, 2010 10:43 pm

Only if you behave. You can get kicked out.
If you get kicked out of Heaven, is it called "getting fired"?
Ars longa, vita brevis

M. Henri Day
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Location: Stockholm, SVERIGE

Postby M. Henri Day » Sun Feb 21, 2010 9:15 am

... At the conclusion of the third time this word was the last word in the rendition:
"Agnus Dei, qui tollis peccata mundi, dona eis
requiem, sepiternam". (Lamb of God who takes away the sins of the world, -give him/her rest, eternally".)
Not that, possessing neither the requisite convictions nor the voice, I've ever been a choir boy, but shouldn't that be «sempiternam», with an «m» in the stem ?...

Henri
曾记否,到中流击水,浪遏飞舟?

LukeJavan8
Great Grand Panjandrum
Posts: 4423
Joined: Fri Oct 09, 2009 6:16 pm
Location: Land of the Flat Water

Postby LukeJavan8 » Sun Feb 21, 2010 12:25 pm

For sure,
seMpiternam - typo or other mistake. Thanks.
-----please, draw me a sheep-----


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