pened to the fishermen became a legal precedent that defines the battles of today . In February 1979 , a District Court judge found the six guilty and fined them $ 10 . In December 1980 , Superior Court Judge Albert E . DeRobbio dismissed the charges , ruling that the public ’ s constitutional right of access extended to the high-water mark along the shore . In 1982 , the Rhode Island Supreme Court took up the State v . Ibbison — so named for fisherman James Ibbison III . The court ruled that the mean high tide point — a vertical measurement averaged over 18.3 years , fixed and underwater most of the time — and not the high-water mark — the visible and changeable line of seaweed along the beach — was the boundary between public and private property .
“ The issue takes two shapes ,” says
“ Once you ’ re there , how much of the shore are you within your rights to access ? Where is the line where private property ends and public trust land begins ? That is a much more complicated question .”
— Leah Feldman
Leah Feldman , a CRMC coastal policy analyst . “ There is perpendicular access — getting people to the shoreline from the upland area , via rights of way — and the slightly more contested issue of lateral access . Once you ’ re there , how much of the shore are you within your rights to access ? Where is the line where private property ends and public trust land begins ? That is a much more complicated question .”
For much of the state ’ s history , the shoreline was an undeveloped landscape of farms , small summer colonies and fishing villages , offering few opportunities for conflict . But the late 1970s saw an unprecedented wave of new construction on the shoreline . Populations in coastal communities expanded by as much as 70 percent , even as they remained stable elsewhere
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Island Realty
Water View Contemporary with an Elevator
Jamestown ~ West Reach Estates
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Panoramic views of Narragansett Bay from this custom contemporary with four bedrooms , three of which are en-suite . A state of the art elevator from the garage accesses every level of the home . The main living area features a three sided fireplace , expansive wrap around deck , and chef ’ s kitchen with walk-in pantry . Sited on 1.85 acres with two deeded water access points nearby . 4BD / 3.5BA $ 1,925,000 ( MLS # 1299848 )
4 East Ferry Wharf ∙ Jamestown , RI 02835 ∙ islandrealtyri . com ∙ 401.423.2200
32 RHODE ISLAND MONTHLY l APRIL 2022