Dick introduces David Kallin, a third-year law student at the University of Maine School of Law. Two years ago, while working for the Center of Law and Innovation, David was presented with a question: how can the public and the state preserve and increase public access? David is here tonight t0 present the legal research he did in trying to answer this question. Everything that David is going to talk about tonight has been incorporated into the Coastal Access Web site.
David starts by explaining that some basic property concepts, i.e, traditional ownership includes the right to exclude others. Thus, the person who owns the land has control over who has access to the waterfront. However, this type of traditional ownership can be split through easements or right of ways. For example, you may own the land but someone else may have a right to cross the land, splitting the ownership rights between several individuals.
Another type of ownership is trust ownership. This means that someone else is in charge of administering the property, however, they must manage the land in the best interest of the person who the land is being held in trust for. This is important because there is land that the state owns in the trust for the citizens of the state. In most states, the state owns everything below the high-water line in a trust for the people, thus no individual has an ownership interest in the beach below the high-water line. Unfortunately, Maine is one of the few states that does not own up to the high water line. Maine owns from the low-water line seaward. However, in Maine there is a limited right to fishing, fowling, and navigation below the high-water mark.
Q: Can you define navigation?
A: This is an open question (the courts have not full defined navigation for the purpose of public access). However, there has been some fleshing out of the concept. For example, you could portage a kayak across private land between the low and high water marks, but it is unclear whether or not you could stop and have lunch there. The Public Trust Doctrine is a common law doctrine so the only one who can define fish, fowling and navigation is the court. The court has declined to change the limitations on the public trust doctrine, although some believe that the court may expand the definition of fishing, fowling and navigation (i.e. birdwatching is modern day fowling).
Continuing on, Dave asks: what are ways to obtain access? The simplest way is to buy it on the open market. Eminent domain is another option if a town really has an access need. Some examples of how can you buy land for less are easements, public money, working with a land trust. Beyond buying land you can contract with land owners for a right of access. Tools available to the public sector are regulation and taxation. A state or municipal government can regulate to prevent loss of access (i.e., zoning and environmental regulations) or incentive preservation (tax benefits).
Q: I thought that a few years ago there was a study about water dependency in the Northeast, emphasizing prioritizing water dependent use.
A: Water-dependent use zones are developed at the municipal level. The state zoning enabling laws allow a town to zone shoreline for water-dependent uses. The Shoreland Zoning Act gives guidance to towns, but the specific zoning laws are developed by the individual towns.
Dana Morse, an Extension Associate for Maine Sea Grant and the University of Maine Cooperative Extension, is up next to talk about Maine Sea Grant's Coastal Access Web site. Dana starts by explaining that the Web site was designed from the viewpoint of a user. Most users go to a Web site with a question or a problem. So the Web site is organized based on specific circumstances or questions.
One of the ways to navigate the site is by selecting "who are you" (landowner, waterfront user, or a government agency) and what do you want (to prevent, control, or maintain access, gain access, regulate or preserve access).
Dana walks us through the site from the perspective of a private landowner. If you click on private landowner, the site will direct you to commonly asked questions by landowners. The site also includes links to definitions, other Web sites, relevant statutes and regulations, case studies, and legal tools that Dave discussed earlier.
The Sea Grant Law Center is leading the country in addressing these issues and it is likely that this site will be used by other states and organizations as they begin to face the same public access problems.
Discussion about how to make the site more user friendly:
Jim asks people to try and develop a better word than tools to describe the information presented in the Web site.
Q: What is the difference between a tool and a resource?
A: A tool is a program or a statute or a regulations, while resources are the individual or organization who can walk you through applying the tool, or a writing that better explains the tool.
Suggestion: maybe distinguish between tools and resources by including examples after each of the words: tools (i.e. easement, contract, regulation, program).
Suggestion: you might want to include a section with informal tips.
Suggestion: you should have a navigation bar on each of the pages so someone who stumbles on an informational page can get to the home page. Also you might want to include the organization sponsoring the site so that people know that the information is credible (University of Maine Cooperative Extension).
Q: Is there a link to contact you directly with feedback?
A: Gillian mentions that any other feedback people have can be sent to her (she will be handing around feedback cards at the end of the night) and that they will take it into consideration and try and incorporate it into the site.
Comment: So many people have worked so hard, but making this a usable tool might require hiring a professional to take the site to the next level.
Dick thanks everyone, encourages us to access the site as we eat dinner, and points to the additional literature and resources at the registration table.
Next: Where do we go from here?
Next: Where do we go from here?
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