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Michael Rubin

Abstract

Access to the shoreline in Rhode Island has been a strong tradition since the colonial era. However, with increasing development pressures on the formerly rural shore areas, especially in the region of the state commonly called "South County," it was only a matter of time before public and private interests collided over the diminishing resource. That inevitable collision occurred at a particular piece of shorefront property known as Black Point, in the Town of Narragansett, when a developer purchased this large tract of ocean-front property and proposed the construction of luxury condominiums. The project would entail the closing of an extensive network of paths to and along the shore that had been used by members of the public for over 100 years. Negative public reaction to the project was swift and dramatic. This Article will examine the course of the controversy and its ultimate outcome. At the heart of the matter was the ability of the Rhode Island Coastal Resources Management Council (CRMC) to evaluate an enormous volume of evidence pointing to the existence of a dedicated path to and along the shore. The controversy emerged as a statewide political issue pitting Rhode Island's largest developer against the state's largest environmental organization and the Environmental Advocate of the Rhode Island Attorney General's office. Although the CRMC's decision and various aspects of the Black Point case will be under appeal for years, the political heat generated by the case resulted in the condemnation of the entire parcel by the Governor for open-space recreation and incorporation into the state's park system. As a prelude to discussion of this controversy, the history of shoreline access law in Rhode Island will be reviewed. Finally, the Article will review the case's impact on shoreline access throughout the state.

First Page

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