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Old 06-30-2006, 09:38 PM   #9
Mike P
Jiggin' Leper Lawyer
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Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
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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.

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