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The Scuppers This is a new forum for the not necessarily fishing related topics...

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Old 08-29-2008, 02:36 PM   #1
Swimmer
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Mean low-tide tresspassing case pending.

I was reading in the globe the other day (sunday globe I think) while staying in Yarmouth about a tresspassing case that originated in Eastham, in the Kingsbury Beach area. It seems that a fairly new water-front landowner calls that P.D. to make them enforce the centuries old tresspassing statute in front of her shore-front home. You know the one that says people own 1650 feet or to the mean low water mark in front of there property. The case was coming up for trial in October but has been put off to another date. Of the fifty or so people partying on the beach three were chosen to be summons into court for tresspassing, because supposedly they would move for the landowner from the front of her home. Can anyone say Franz Guest and a trial by your peers. Anyone who visits or owns in that area knows the tide go out sometimes almost two miles. It is mind boggling to think that one witchy person could do this. This law needs to be changed. No one should own the ocean, and that is what this amounts too.

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Old 08-29-2008, 02:48 PM   #2
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the cape times ran the article also.it's still up on their site.
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Old 08-29-2008, 03:00 PM   #3
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Unless they were fishing, shellfishing, waterfowling or portaging a boat, they're all guilty under the law.

It's only been the law since 1648. It can only be changed to allow general beach use if the state compensates every coastal landowner--so sayeth the SJC almost 30 years ago.

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Old 08-29-2008, 03:10 PM   #4
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she's already won 2 lower court cases.I bet she really enjoys sitting in her beach chair
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Old 08-29-2008, 05:07 PM   #5
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Old 08-29-2008, 05:53 PM   #6
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We used to own a place a very short distance away, although not on the waterfront. No one who did own the water front properties would have ever done this.

Like I said MikeP, a jury trial before your peers can invalidate any law. Franz Guest found that out on the Vineyard with Belushi. A loud not guilty nullifying any evidence will keep the DA's office from filing charges in the future.

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