Judge signals victory for property owners in beach access case

On Friday, Superior Court Judge Sarah Taft-Carter said Rhode Island’s novel beach access law violates property owners’ rights, a major victory for those who own coastal property. In an order denying the State’s motion for summary judgement, Judge Taft-Carter wrote that the law results in an unconstitutional taking of private property.  

“Our clients are gratified that the court agreed with what they have said from the start—the beach access law violates their rights,” said Pacific Legal Foundation Senior Attorney J. David Breemer. “As the court recognized, the beach access law infringed on our client’s property rights by moving the existing public beach boundary line ten feet landward, effectively confiscating our client’s property, which is an unconstitutional taking.” 

In the order, Judge Taft-Carter wrote, “The Act reduced the Plaintiff’s ‘bundle of rights’ inherent in the ownership of property by expanding the preexisting boundary line to ten feet landward of the recognizable high tide line and confiscated the Plaintiff’s property resulting in an unconstitutional taking.” 

The case is Stilts, LLC v. Rhode Island. A final opinion is expected in the coming weeks. 

Right of Way impact?

RINewsToday inquired about how this might impact those rights of way areas – typically, skinny paths, sometimes between houses that provide walk-on access to the beach. J. David Breemer, said, “This case does not involve preexisting, lawfully established vertical pathways to the wetbeach.”

About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights.

Here is the 15-page decision:

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