Dara Calleary (Mayo, Fianna Fail)
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394. To ask the Minister for Environment, Community and Local Government if the State is the sole owner of a beach (details supplied) in County Donegal up to the high water mark. [17296/14]

Jan O'Sullivan (Limerick City, Labour)
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The Foreshore Act 1933 defines foreshore as the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary and the outer limit of the foreshore is to be determined in accordance with section 1A of the Foreshore Act.

The State Property Act 1954 vests ownership of the foreshore in the nister for Public Expenditure and Reform on behalf of the State. There is a legal presumption that the State owns all of Ireland’s foreshore unless it can be shown that it has been the subject of a grant of title or has been adversely possessed over a period of time. The burden of proof of ownership rests on the claimant. If the area referred to as “beach” is foreshore as defined in the Foreshore Act, it is presumed to be in State ownership unless it can be proved otherwise.