The History and Future of LD 1323

August 28, 2019

The 129th Maine Legislature (meeting from January-June, 2019) had several pieces of legislation before it that would have expanded public use rights in/on Maine intertidal lands, and that would have reexamined the question of ownership of these unique land areas.  Suffice it to say there was little legislative interest in pressing the latter issue–ownership issues will need to be raised by litigation that brings all of the arguments suggesting that Maine owns its intertidal lands before the courts, reaching to the U.S. Supreme Court, if that becomes necessary.


Specific and Immediate Legislative Steps

July 26, 2018

Passage of a Resolve and/or a legislative enactment, that makes clear to Maine’s Supreme Judicial Court (the Law Court) that any/all state “sovereign immunity” defenses to littoral upland owner claims of title to intertidal lands are “waived”. The question of ownership of these lands is critically important—the courts must fully and finally resolve this question. Further, if the Law Court does not proceed to reexamine the Bell cases, the Legislature should (by a Resolve or an enactment) direct the Attorney General’s Office to commence legal proceedings to resolve the question of ownership/title to Maine’s intertidal lands utilizing all of the…