Public Access? Or One More Blitz On Private Property Owners?

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Editor
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Public Access? Or One More Blitz On Private Property Owners?

With respect to the original post, the websites linked to refer to the "legal concept" of the "Public Trust Doctrine". Despite the frequent reference to it as a sweeping legal principle that "concept" is a socialist construct with no legal standing anywhere in the US and they know it. They pursue it based on wishful thinking in the hope that they can get it established on behalf of their agenda. The only legal access rights on private property on the shore are literally "fishing, fowling, and navigation" strictly in the intertidal zone and no more. The state should not be subsidizing activist groups to pursue any kind of adversarial legal action against private individuals, let alone "mass trespass" "protests" trying to force easements on private property. The political threats against private property owners, along with the out of control "liability" demands and obnoxiously defiant, malicious trespass, are frightening landowners into denying an often benevolent permission for limited access where it otherwise would cause no harm.

Editor
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Public Access? Or One More Blitz On Private Property Owners?

Wiscasset Newspaper
12/2/04Edgecomb Grant To Fund Shore Access Research
Charlotte BoyntonEdgecomb has been awarded a $2,500 Right-of-Way Discovery Grant from the state according to Tom Boudin, boat landing committee chairman. Boudin attended the weekly selectmen's meeting Monday, November 29, to discuss legal access for clammers and other traditional maritime workers. Discovery grants help communities find and assert public rights-of-way to the shore, which may have been lost over a number of years when the land changed hands. Access to the shore by land is vital for a range of activities, such as commercial and recreational fishing, clamming and worm digging, shellfish harvesting, and boating. Although most of the Maine coast is privately owned, for generations residents and visitors enjoyed the tradition of free passage over private lands to reach the water. However, this tradition is being threatened as land is being developed for business and homes. Maine is one of four ocean coastal states (the others are Delaware, Massachusetts and Virginia) that does not own its intertidal zone (land between the high and low water mark). However private landowners in Maine may own the intertidal zone. Private ownership may be subject to a public easement. Full story:
[url=http://wiscassetnewspaper.maine.com/2004-12-02/edgecomb_selectmen.html]h...Maine Right-of-Way Discovery Grant Website
[url=http://www.state.me.us/mcp/projects/getting_to_shore.html]http://www.sta...

apondsong
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Re: Public Access? Or One More Blitz On Private Property Own

Haven't read the full story. But I've always thought anybody that allows others access to their private property (be it for hunting, clamming, swimming, beachcombing etc.) should get a damn good tax break. Then watch the Private Property signs disappear. WW

Editor
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Re: Public Access? Or One More Blitz On Private Property Own

York County Coast Star
12-6-2004Plan would increase access to public waterwaysBy Nina Heiser
nheiser@seacoastonline.comKENNEBUNK - Despite its two rivers, ponds west of the turnpike and an ocean east of the turnpike, Kennebunk offers its residents limited access to those public waterways and that is something that framers of the newly-adopted open space plan would like to see changed.Assistant Town Planner Carl Eppich presented a matrix and map to selectmen last week and talked them through what limited ability the town has to access its many bodies of water, focusing on the eight waterways identified by the open space plan committee as being of highest value.Old Falls Pond and Kennebunk harbor have no existing facilities, he said, and the challenge to the town is to find individuals willing to provide access to the public through easements or right-of-ways and to then find the money to cover the cost of facilities.Full story
[url=http://www.seacoastonline.com/news/yorkstar/12022004/news/51854.htm]http...

loonlodgemaine
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Re: Public Access? Or One More Blitz On Private Property Own

quote:Haven't read the full story. But I've always thought anybody that allows others access to their private property (be it for hunting, clamming, swimming, beachcombing etc.) should get a damn good tax break. Then watch the Private Property signs disappear. WW

That would be nice, but where would you make up the tax dollars that you would be giving away???Plus then you have the liability issue. Little Johnny drowns because you let him across your property to be nice. Then Johnny's mom and dad want to sue you for not having a life guard on duty.

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