Excellent article in the globe... we all should read

[clambelly]

Originally Posted by gregory2327

Do the land owners own the land to the mean high tide mark? Should they? If yes then anyone and their brother should be allowed the freedom to prance around on the low tide land -rod or not.

from what i know, this is the current state of the law, at least thats what i thought. i know, in my town people come and go freely between the low and high tide water mark whilest digging shellfish. yes, there have been battles, but people are allowed to come and go freely.

[Maloney]

Texas has the "Open Beaches Act". The public owns the beach to the vegetation line.

[Mike P]

In Mass, since about 1648, the landowner owns to the mean low water mark. That is also the case in Maine, which was part of Mass until 1820.

However, the old colonial ordinance also gave a right of way between high and low water for three purposes--fishing, waterfowling and navigation. Fishing has been interpreted to include shellfishing, and also interpreted to allow the fishermen to place the tools of their trade on the shore below high water. Navigation includes portage of small watercraft. However, you can't rake seaweed, for example, or collect shells, nor can the public at large walk the beaches for any other purpose.

I believe Maine has a broader right of passage below high water.

[basswipe]

Originally Posted by Maloney

Texas has the "Open Beaches Act". The public owns the beach to the vegetation line.

Yes Texas does have this but it is being successfully challenged by the Corpus Christi city council and resort owners and as a result 7200ft of beach betweem Packery Channel and Padre Balli County Park on north Padre Island will be prohibited to vehicular access.

The only thing standing between this actually being implemented is the TOBA and lot of grassroots organizations.

Once the gov. and special interest groups get their foot in the door its the beginning of the end.After vehicular access is denied pedestrian prohibition will eventually follow.

[likwid]

If this gets pushed, all the area land owners will do and have the towns do is put up no parking signs.

No access, no beach.

And its pissing me the eff off.