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• <br />providing for removal of the structure upon entry of a "final adjudication issued by a <br />court of competent jurisdiction that it encroaches or interferes with adjacent riparian <br />rights." <br />14. Letter dated August 26, 1997, to United States Coast Guard from Indian River County, <br />attaching a survey submitted with an application for a dock permit for only one of the <br />homes located easterly of the bridge to No Name Island, but suggesting that it had <br />application to all of the lots and homes. The referenced survey was in connection with <br />a dock constructed by a property owner who, at that time, used the dock only for <br />"Seadoos," shallow draft jet boats. Photographs have been supplied ofthe homeowners' <br />boats which used the navigable channel between No Name Island and what is Round <br />Island Park and which are not "small boats or canoes." <br />15. Letter from the United States Coast Guard dated October 8, 1997, approving, after the <br />f&cL construction of the bridge without notice, based on the waterway's use only by <br />"rowboats, canoes, and small motorboats," and pointing out that all other requirements <br />of law must be obeyed and that the bridge must be removed when it ceases to be used <br />for "transportation purposes." <br />16. Soundings at bridge location for formernavigable channel, prepared by David M. Jones, <br />Surveyor. <br />We have provided the County Attorney's office with cases indicating that interference with <br />navigation is interference with riparian property rights and it is our position that this interference on the <br />part of Indian River County, despite repeated warnings and pleas from the people affected, severely <br />damaged the value of the properties involved and amounts to a taking of riparian rights prohibited by <br />the Florida and United States Constitutions. <br />MO1Vpkm <br />Enclosures <br />cc Terrence P. O'Brien, Esq., Asst. County Attorney (with enclosures) <br />James E. Davis, P.E., Public Works Director (without enclosures) <br />Charles Vinmac, Esq., County Attorney (without enclosures) <br />James E. Chandler, County Administrator (without enclosures) <br />DECEMBER 14, 1999 <br />-63- <br />• <br />