Reclaim the beach at NE 130th Beach and Lake Washington for public use from the adjacent land owners (Frederick Kaseburg to the south and Keith & Kay Holmquist to the north) who have claimed ownership for themselves. More can be found at:
Friends of NE 130th Beach: https://www.facebook.com/groups/284635865015041/
UPDATE from Friends of NE 130th Beach, April 11, 2018
“A lot of people are asking when the fence will come down. The answer depends what the adjacent land owners decide to do. They can petition the Washington Supreme Court to review the case. They have until April 26th to file such a request. The City then has 30 days to respond. The Supreme Court would then take about 3 months to decide whether to take the case. So now we are at mid or late summer. If the Supreme Court rejects the petition (they reject majority), this phase of the litigation is over. Then there is the compensation phase. The owners have a strong incentive to allow immediate use and possession (during compensation litigation) because the owner’s ability to recover attorney’s fees is tied to having allowed for immediate use and possession. The cost the City pays for the property will be determined by a jury trial if negotiations are unsuccessful.
Last year the adjacent property owners dragged out negotiations with the City for many months. Ultimately, they rejected a generous $400,00 ($200,000 each) offer which also would have given Fred Kaseburg, one of the adjacent property owners, a portion of the beach property (7 feet of a 50-foot-wide lot). Let’s not reward the adjacent land owners any more than necessary, especially if the outcome reduces the size of this already small beach. Any future offer by the City should not reduce the size of the beach.
We should ask the City to support an “Order of Immediate Possession” which would allow the City to take immediate possession of the beach. Although the adjacent land owners could deny such a request by doing so they would waive any legal costs which they might otherwise be entitled. Also, we should encourage the City to pursue a jury trial to determine compensation if it’s the best way to maintain the size of the beach and establish a fair and equitable price. If you agree, please write or email the City officials below expressing your opinion. Below is also a template for reference. Thanks for your continued support!
- firstname.lastname@example.org (Superintendent of Parks and Recreation)
- email@example.com (District 5 Council Member)
- firstname.lastname@example.org (Seattle Mayor)
- email@example.com (Seattle City Attorney)
Thank you for your efforts and support to secure the street end at NE 130th on Lake Washington for continued public use.
We are encouraged by the Appeals Court ruling confirming the City’s legal position and look forward to an end of the protracted legal process, so the beach can again be enjoyed by all.
We strongly oppose conceding the seven-foot encroachment to the south property owner. Please do not reward the private owner for illegal encroachment. Losing seven feet out of a fifty-foot lot would be a significant loss to the public.
As the owners struggle to forestall the inevitable possession by the city, it is ironic that they prevailed in a case against the city of over $100,000 for loss of use while the title was adjudicated. Now they are deliberately stalling and appealing public possession. What was sauce for the goose, should now be sauce for the gander, as we continue to be fenced out of beach access.
Our community is indebted to your efforts to get our beach back.