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Abstract

The coastal shores of the United States are a peculiar form of property in that both the littoral landowner and the general public have legally protected interests in the use and enjoyment of the land. In most coastal states the title to the land below the high-water mark is vested in the state in trust for the beneficial use of the public, subject to certain limited rights of the littoral owner. Maine and Massachusetts, however, share a unique allocation of public and private interests which vests the title to the foreshore, the land between the high and low water marks, in the littoral owner, subject to certain public rights. Although the issue has been settled in Massachusetts, in Maine it is not clear whether these public rights include a general right to use the foreshore for recreation. Because Maine's economy relies heavily on tourism, which depends in turn on recreational use of the state's vast coastline, the controversy over public and private rights in the shorelands concerns all Maine citizens. The exclusion of the public from coastal lands would have detrimental effects upon the state's economy. Such a decision would also conflict with the traditional belief of Maine citizens that the coastline is open to all who care to use it. When eventually presented with the issue of public versus private rights in coastal lands, the Maine courts should not deny the public's rights in these areas unless there is no legal theory upon which such a right can be supported. In light of the importance of the issue, this Comment will examine the legal theories by which the public may have retained or acquired rights to use the coastal shores of Maine. Finally, the Comment proposes legislation to preserve and to protect whatever public rights are found to exist in the shorelands of Maine.

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