Maine Revised Statutes Title 12 Sec. 573 – Public trust rights in intertidal land
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1. Public trust rights. The public trust rights in intertidal land include the following:
A. The right to use intertidal land for fishing, fowling and navigation; [PL 1985, c. 782 (NEW).]
B. The right to use intertidal land for recreation; and [PL 1985, c. 782 (NEW).]
C. Any other trust rights to use intertidal land recognized by the Maine common law and not specifically abrogated by statute. [PL 1985, c. 782 (NEW).]
[PL 1985, c. 782 (NEW).]
Terms Used In Maine Revised Statutes Title 12 Sec. 573
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- intertidal land: means all land of this State affected by the tides between the mean high watermark and either 100 rods seaward from the high watermark or the mean low watermark, whichever is closer to the mean high watermark. See Maine Revised Statutes Title 12 Sec. 572
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
2. Limitations. The rights described in subsection 1 do not include:
A. The removal from the intertidal land of any sand, soil, rocks or other minerals; [PL 1985, c. 782 (NEW).]
B. Interference with any structure, development or improvement erected or maintained on intertidal land in accordance with the laws of this State; [PL 1985, c. 782 (NEW).]
C. The depositing of any refuse or waste on intertidal land or in the water covering intertidal land; or [PL 1985, c. 782 (NEW).]
D. Use or operation of motorized vehicles other than navigable watercraft, unless specifically authorized by state law or municipal ordinance. [PL 1985, c. 782 (NEW).]
[PL 1985, c. 782 (NEW).]
3. Police powers. Municipalities shall have jurisdiction to exercise their police powers to control public use of intertidal land, except where such exercise is superseded by any state law.
[PL 1985, c. 782 (NEW).]
4. Other public rights. This chapter does not affect public rights in intertidal land arising from custom, prescription, implied dedication, acquiescence or any other source. This chapter does not affect public rights in dry sand areas upland from intertidal land arising from custom, prescription, implied dedication, acquiescence, the public trust doctrine or any other source.
[PL 1985, c. 782 (NEW).]
SECTION HISTORY
PL 1985, c. 782 (NEW).