MAINE SUNDAY TELEGRAM • August 24, 2025
The Maine Supreme Judicial Court is weighing a case that could drastically expand public rights along Maine’s beaches. While popular sentiment often favors greater public beach access, there is another important side to the story. Private property rights down to the low-water mark along the coast date back to the Colonial Ordinance of 1641. Since then, the default rule has been that private homeowners own the part of the beach between the ordinary high and low water marks, subject to limited public uses. Today’s coastal homeowners purchased their properties relying on centuries of precedent affirming private ownership of the “intertidal zone.” No matter how desirable this area is to the public, the government cannot simply declare that long-held private property is public without paying for it. The Court should uphold these constitutional principles and reject the plaintiffs’ attempt to upend centuries of Maine law. ~ Chris Kieser and Paige Gilliard, Pacific Legal Foundation