In nearly 35 years of research and writing on the ownership of, and public rights in/on, Maine's intertidal lands, Delogu's focus has been on cases, laws and legal principles affecting Maine's intertidal land law. The premise of this volume is that the Bell cases, insofar as they define ownership of and public rights on intertidal lands, were wrongly decided. This volume, after exploring many of the errors in the Bell cases, urges Maine's highest court (or the U.S. Supreme Court) to reexamine the rationale and holding of both Bell cases. Judicial errors, whether of short- or long-standing, can and should be corrected.Delogu firmly believes that a reexamination of the errors and the issues ignored by the Bell courts will lead a reexamining court to conclude that title to intertidal lands in Maine is held by the state in trust for the public, except for small areas addressed in an amendment to Maine's Submerged Lands Act--areas actually filled at some time in the past pursuant to commercial "wharfing out" needs. No one chapter ineluctably leads to the conclusion that Maine holds title to its intertidal lands, but taken together they make a compelling argument that this is in fact the case. Each chapter has an extensive set of endnotes (worth reading as one moves through the volume) that complement and support arguments made in the text--all with an eye to prompting Maine's highest court (or the U.S. Supreme Court) to reexamine and ultimately overturn the Bell cases. This will reestablish in Maine widely shared principles of law--intertidal lands (with limited exceptions) are incapable of private ownership--title to these lands is held by the state in trust for the public, part of the jus publicum. Chapter 1: IntroductionChapter 2: The Argument for Law Court Reexamination of the Bell CasesChapter 3: Ancient Property Law,Public Trust, and Sovereign Immunity Principles Should Not Be IgnoredChapter 4: The Intertidal Landof an Entire State Can Not Be AlienatedChapter 5: Early U.S. Supreme Court Cases in re the "Equal Footing" Doctrine and Maine's Intertidal Land LawChapter 6: The Phillips Petroleum Case - A Reaffirmation of the "Equal Footing" DoctrineChapter 7: A Reaffirmation of the "Equal Footing" Doctrine and the Sustaining Opinion of the JusticesChapter 8: Neither the Act of Separation nor Maine's Constitution Saddled Maine With Massachusetts' Intertidal Land LawChapter 9: Historical Research Indicates Colonial Legislatures Did Not Alienate Maine's Intertidal LandChapter 10: The Limits of Judicial Power--"Judicial Legislation" is an OxymoronChapter 11: The 1986 Public Trust in Intertidal Land Act  is Not UnconstitutionalChapter 12: Breathing New Life into the Concept of an Evolving Common LawChapter 13: If State Reexamination of the Bell cases is not Forthcoming, Supreme Court Review Should be SoughtChapter 14: Conclusion: The Colonial Ordinance Did Not Alienate Maine's Intertidal Land--A Strategy for Moving ForwardEpilogueGlossaryAcknowledgementsISBN 97809989892

Maine's Beaches are Public Property

Orlando E. Delogu

Tower Publishing

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Books by Orlando E. Delogu

See the best price to sell, buy, or rent books by Orlando E. Delogu. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Maine's Beaches are Public Property