nuisances, strictly so called, but also to purprestures
Purpresture law could be used to protect public access to public trust lands in cases where private owners have fenced the dry sand beach, limiting the public's right to use the part of the beach owned by the state.
A beach purpresture case reached the Florida Supreme Court in 1974.
The court's footnote alludes to the historic rules governing shoreline use and curiously leaves their applicability for another day: For example, theories such as dedication, prescription, custom, purpresture
, and the public trust doctrine can be resorted to by the public in an attempt to regulate private property immediately adjacent to the public property which sits below the mean high water mark.
The King sought to punish these criminal infringements, commonly know as 'purprestures
,' through criminal proceedings." (11) By the fourteenth century, nuisance law was "extended to include rights common to the public, such as roadway safety, air and water pollution, disorderly conduct, and public health (e.g., to stop the spread of disease)." (12)
truly present from tyme to tyme to the Maior and Aldermen of this City for the tyme being or to the Chamberleyne All such buildings and Purprestures as ye shall finde sett or made upon any parts of the common grounde of the said Citty.
Stow carefully preempts any attempt on the part of the City to plead ignorance of these pressing problems, reminding readers that a "learned gentlemen and grave citizen hath not many years since written and exhibited a book to the mayor and commonalty" about the increase and danger of "purprestures, or encroachments on the highways, lanes, and common grounds, in and about this city" (109).