In most states some portion of beaches are public land and all members of the public have a right to use that portion of the beach. The ability to walk along the beach is known as lateral beach access.
But the land between where people can park or walk to the beach and where they can enjoy the beach is often private property, making it difficult to provide access to the public while protecting personal property rights. The ability to reach the beach is known as vertical beach access.
Laws regarding public access to beaches vary from state to state but many states recognize the public trust doctrine, a legal doctrine that certain natural resources such as beaches are owned or held by the government in trust for the public’s use and enjoyment and that the government has an obligation to protect and maintain these resources for the public.
In Mississippi, the public trust doctrine applies to the state's tidelands, which include the area up to the mean high tide line. This doctrine ensures that the public has the right to use and enjoy the beaches, and the state holds these lands in trust for the public. Lateral beach access, the right to walk along the beach, is generally allowed as long as it is below the mean high tide line. However, vertical beach access, which is the ability to reach the beach from upland areas, can be more complicated when crossing private property. Mississippi law does not provide a comprehensive statutory framework for vertical access to public beaches, which means that access points are often dependent on local ordinances, easements, or specific agreements with private landowners. The balance between public access and private property rights is an ongoing issue, and local governments may work to provide public access points to ensure that the public can reach these beaches.