The appropriation of shifting sands: A case for transferring institutions from the desert to the coast

In this paper we examine the physical and economic nature of beaches. We argue that these resources can be appropriated for private use in much the same way water is treated as marketable property in the arid regions of the United States. We show how rights to sand can be allocated according to the American Doctrine of Prior Appropriation, a rule for allocating water in the Western deserts. We develop a set of constitutional principles that facilitate the efficient allocation of nearshore sediment and submerged lands.