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Maine's Beaches are Public Property

Maine's Beaches are Public Property

Orlando E. Delogu
0/5 ( ratings)
In nearly 35 years of research and writing on the ownership of, and public rights in/on, Maine's intertidal lands, Delogu's focus has been on cases, laws and legal principles affecting Maine's intertidal land law.

The premise of this volume is that the Bell cases, insofar as they define ownership of and public rights on intertidal lands, were wrongly decided.

This volume, after exploring many of the errors in the Bell cases, urges Maine's highest court to reexamine the rationale and holding of both Bell cases.

Judicial errors, whether of short- or long-standing, can and should be corrected. Delogu firmly believes that a reexamination of the errors and the issues ignored by the Bell courts will lead a reexamining court to conclude that title to intertidal lands in Maine is held by the state in trust for the public, except for small areas addressed in an amend­ment to Maine's Submerged Lands Act--areas actually filled at some time in the past pursuant to commercial "wharfing out" needs.

No one chapter ineluctably leads to the conclusion that Maine holds title to its inter­tidal lands, but taken together they make a compelling argument that this is in fact the case. Each chapter has an extensive set of endnotes that complement and support arguments made in the text--all with an eye to prompting Maine's highest court to reexamine and ultimately overturn the Bell cases.

This will reestablish in Maine widely shared principles of law--inter­tidal lands are incapable of private owner­ship--title to these lands is held by the state in trust for the public, part of the jus publicum.
Pages
284
Format
Paperback
Publisher
Tower Publishing
Release
September 03, 2022
ISBN
0998979899
ISBN 13
9780998979892

Maine's Beaches are Public Property

Orlando E. Delogu
0/5 ( ratings)
In nearly 35 years of research and writing on the ownership of, and public rights in/on, Maine's intertidal lands, Delogu's focus has been on cases, laws and legal principles affecting Maine's intertidal land law.

The premise of this volume is that the Bell cases, insofar as they define ownership of and public rights on intertidal lands, were wrongly decided.

This volume, after exploring many of the errors in the Bell cases, urges Maine's highest court to reexamine the rationale and holding of both Bell cases.

Judicial errors, whether of short- or long-standing, can and should be corrected. Delogu firmly believes that a reexamination of the errors and the issues ignored by the Bell courts will lead a reexamining court to conclude that title to intertidal lands in Maine is held by the state in trust for the public, except for small areas addressed in an amend­ment to Maine's Submerged Lands Act--areas actually filled at some time in the past pursuant to commercial "wharfing out" needs.

No one chapter ineluctably leads to the conclusion that Maine holds title to its inter­tidal lands, but taken together they make a compelling argument that this is in fact the case. Each chapter has an extensive set of endnotes that complement and support arguments made in the text--all with an eye to prompting Maine's highest court to reexamine and ultimately overturn the Bell cases.

This will reestablish in Maine widely shared principles of law--inter­tidal lands are incapable of private owner­ship--title to these lands is held by the state in trust for the public, part of the jus publicum.
Pages
284
Format
Paperback
Publisher
Tower Publishing
Release
September 03, 2022
ISBN
0998979899
ISBN 13
9780998979892

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