Ocean Shore: Effect: Failure to File. (a) In any court proceedings involving prescriptive rights of the public over unregistered property abutting, adjacent or contiguous to the ocean shore, an instrument executed and filed as provided by Subsection (b) of this section shall be an act and declaration admissible as evidence of the intent of the owner or person in control of property to exercise dominion and control over his property. (b) The declaration shall describe the property and shall be signed and acknowledged. It shall state that the public is granted permission to use the property, or a specifically described portion of the property, and that the public use may be for certain purposes which shall also be described. The declaration shall be filed in the Department of Parks and Recreation. (c) Failure of the owner or person in control of property to execute and file the declaration as provided in Subsection (b) of this section shall not imply an intent to relinquish dominion and control over his property. SOURCE: GC '13460 enacted by P.L. 12-19. NOTE: Chapter 64 was enacted by P.L. 12-19 as Chapter V-A, GC Title XIV, and changed to Chapter V-B, GC Title XIV, named Ocean Shores & Territory Beach Area by P.L. 12-209:6.
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