Author’s Note

A synopsis of a 267-page book with nearly 700 footnotes must, of necessity, leave much out. Here, the depth and detail, the nuances, of individual arguments have been omitted. Whole background chapters, whole arguments of importance, and almost all footnote references have been omitted in favor of brief comments on seven core chapters each of which outline Bell court errors. These errors can and should be corrected. Hopefully, the laying out of these core arguments will lead the reader to buy and read the book, or to conclude without the benefit of the full volume, that a reexamination of the Bell cases by Maine’s highest court (or failing that, by the Supreme Court) is called for. It is the author’s view that such a reexamination will, in correcting past errors, realign Maine’s intertidal land law with that of almost all other coastal states in holding that the State holds title to the lion’s share of its intertidal lands in trust for the public; that title to those relatively few parcels of intertidal land that are needed, suitable and actually filled for marine commerce (or other public purposes) may be alienated to upland owners; and that a broad range of public uses on intertidal lands may be permitted and regulated to meet present and future needs. The book may be obtained through: towerpub.com or amazon.com or by calling 1-800-969-8693.           

O. E. Delogu, Emeritus Professor of Law
April 21, 2018