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Based on what? Are they not on the same survey when private property is sold?
Common law going back centuries in history. Just look into self-defense laws and compare what is legal in a home to what is legal on open land. I can't legally shoot a trespasser or attacker in the woods or a field if I can escape safely. I have no duty t retreat in my home. That's based on old legal tradition.
What's more difficult is establishing a right of use. How is the public's right to use someone else's privately owned property legally established?
History. In New England, the early settlers, few of whom were particularly wealthy, agreed to the idea that land should be accessible in response to Europe where it was not and the average person could not hunt, trap, or such because the wealthy owned all or most of the land. It continued, as both tradition and codified into law, as the frontier vanished. The southern states followed a different pattern, being lead by wealthier people, often European aristocrats, who continued the European pattern of no free access.
Common law going back centuries in history. Just look into self-defense laws and compare what is legal in a home to what is legal on open land. I can't legally shoot a trespasser or attacker in the woods or a field if I can escape safely. I have no duty t retreat in my home. That's based on old legal tradition.
Who says you have to shoot them? You yourself said your state constitution gives anyone the right to trespass on unposted private property if they so choose. Cite exactly where in your state's constitution that right excludes buildings located on such private property.
History. In New England, the early settlers, few of whom were particularly wealthy, agreed to the idea that land should be accessible in response to Europe where it was not and the average person could not hunt, trap, or such because the wealthy owned all or most of the land.
Sorry, no. Time and time again, private property owners' rights are upheld in courts of law. That's why Florida police arrest trespassers on privately owned dry sand beach areas, and California's Coastal Commission tried unsuccessfully for 6 years to try to get their blue state's court system to rule that oceanfront property owners had to grant a public easement on their property. Blue state Maine's law is even more restrictive.
Quote:
"Maine is one of only a few states in which coastal property owners can own land out to the mean low tide line. These ownership interests are subject to a centuries-old public easement allowing the public to use the intertidal zone [the wet sand beach, which is seaward of the mean high water line mark] for the limited purposes of "fishing, fowling and navigation." At present, this does not legally include public use for recreational purposes."
Who says you have to shoot them? You yourself said your state constitution gives anyone the right to trespass on unposted private property if they so choose. Cite exactly where in your state's constitution that right excludes buildings located on such private property.
§ 67. Hunting; fowling and fishing
The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and on other lands not inclosed, and in like manner to fish in all boatable and other waters (not private property) under proper regulations, to be made and provided by the General Assembly.
Bold added by me. This was the constitutional protection of the right to access un-posted land.
Sorry, no. Time and time again, private property owners' rights are upheld in courts of law. That's why Florida police arrest trespassers on privately owned dry sand beach areas, and California's Coastal Commission tried unsuccessfully for 6 years to try to get their blue state's court system to rule that oceanfront property owners had to grant a public easement on their property. Blue state Maine's law is even more restrictive. Accessing the Maine Coast :: Common Law & Statutes
Maine has the same law as Vermont allowing access to un-posted land. What Maine's law on beach access means is even on land that is posted, the landowner can't stop anyone from utilizing the intertidal zone for fishing, hunting or navigational uses. I made use of this law a few times in Maine to fish during low tide.
§ 67. Hunting; fowling and fishing
The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and on other lands not inclosed, and in like manner to fish in all boatable and other waters (not private property) under proper regulations, to be made and provided by the General Assembly.
Bold added by me. This was the constitutional protection of the right to access un-posted land.
Hunting, fowling, and fishing. I don't see anything about recreational beach use on privately owned land, such as sunbathing, picnicking, beach walking, swimming, surfing, etc. Public access is constitutionally limited to hunting, fowling, or fishing.
Maine has the same law as Vermont allowing access to un-posted land. What Maine's law on beach access means is even on land that is posted, the landowner can't stop anyone from utilizing the intertidal zone for fishing, hunting or navigational uses. I made use of this law a few times in Maine to fish during low tide.
Indeed. Any other public recreational beach use of privately owned land including privately owned beach, is prohibited.
Hunting, fowling, and fishing. I don't see anything about recreational beach use on privately owned land, such as sunbathing, picnicking, beach walking, swimming, surfing, etc. Public access is constitutionally limited to hunting, fowling, or fishing.
Case law and statutory law says otherwise. Hunting and fishing were deemed the most important uses and given constitutional protection. You're trying to read southern style property laws into a New England state, but you won't find them.
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