Terms Used In Maine Revised Statutes Title 12 Sec. 571

  • 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
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
The Legislature finds and declares that the intertidal lands of the State are impressed with a public trust and that the State is responsible for protection of the public’s interest in this land. [PL 1985, c. 782 (NEW).]
The Legislature further finds and declares that this public trust is part of the common law of Maine and generally derived from the practices, conditions and needs in Maine, from English Common Law and from the Massachusetts Colonial Ordinance of 1641-47. The public trust is an evolving doctrine reflective of the customs, traditions, heritage and habits of the Maine people. In Maine, the doctrine has diverged from the laws of England and Massachusetts. The public trust encompasses those uses of intertidal land essential to the health and welfare of the Maine people, which uses include, but are not limited to, fishing, fowling, navigation, use as a footway between points along the shore and use for recreational purposes. These recreational uses are among the most important to the Maine people today who use intertidal land for relaxation from the pressures of modern society and for enjoyment of nature’s beauty. [PL 1985, c. 782 (NEW).]
The Legislature further finds and declares that the protection of the public uses referred to in this chapter is of great public interest and grave concern to the State. [PL 1985, c. 782 (NEW).]
SECTION HISTORY

PL 1985, c. 782 (NEW).