PORTLAND PRESS HERALD • January 3, 2026
The Maine Supreme Judicial Court may reconsider its Moody Beach decisions of 1986 and 1989, which ruled that Maine’s coastal property owners have exclusive property rights to the “intertidal zone” — the land between high tide and low tide. In most states and on federal lands, public access to ocean and tidal waters was guaranteed by the late 19th century. And in Maine a persuasive reading of the 1641 ordinance holds that it doesn’t confer ownership, only a license to use the land. Until now, the focus has been on beach access, but there’s a lot more to the property ownership claims. Why is Maine’s supply of recreational land growing by leaps and bounds while it appears nearly impossible to site any new industrial or agricultural uses? If the Court upholds Moody Beach, the case will return to federal court. In the meantime, we should consider the balance between Maine as Vacationland and Maine as a place to do business, have jobs and raise families. Something is out of whack. ~ Douglas Rooks