06-R
345
2006 -- H 7317 SUBSTITUTE A
Enacted 06/22/06
H O U S E R E S O L U T I O N
CREATING A SPECIAL
HOUSE COMMISSION TO STUDY THE ISSUE OF LATERAL ACCESS ALONG THE RHODE ISLAND
SHORELINE AS PROTECTED WITHIN THE RHODE ISLAND CONSTITUTION
Introduced By:
Representatives Ginaitt, McHugh, Naughton, McNamara, and Long
Date Introduced: February
15, 2006
RESOLVED,
That the general assembly recognizes and declares the right of passage
along
the shore of Rhode Island is not only guaranteed in the constitution but has
enjoyed a long
use
going back to our early days of statehood and is a matter of custom in Rhode
Island. The
passage
along the shore has in the ancient past and today been along the dry sand
portion of the
beach.
The general assembly finds that the public trust doctrine entitles the public
to swim in the
ocean
and to use the foreshore in connection therewith without assuring the public of
a feasible
lateral
access route would seriously impinge on, if not effectively eliminate, the
rights of the
public
trust doctrine. To find otherwise would result in a barrier of privately-held
property
between
publicly-owned trust lands and the vast majority of the public who own this
common
resource.
The general assembly recognizes and declares that lateral access along the
shore of
Rhode
Island is critical to the state's tourism economy. The general assembly also
recognizes that
while
it is an ancient document that much of our common law for coastal resources is
built on, it
is
also a dynamic and evolving doctrine that is expected to adjust to societal
needs. Tradition and
common
understanding in Rhode Island has always been that the public has a right to
use the dry-
sand
beach for passage along the shore and for fishing from, even if the title to
that land is held in
private
ownership. The general assembly recognizes that until the courts more fully
explore and
define
our constitutional rights to the shore there is a need to protect the public
right to pass along
the
shore areas in the state. In addition the scope of the private right to
property is always
balanced
against public rights in the use of that property, such as a neighbor's right
to bring an
action
for nuisance. In essence, the private property owner maintains a title to the
dry-sand
beach,
but certain components of ownership, such as the ability to share in reasonable
use of the
beach,
are held by the general public.
The
general assembly also recognizes that the public's rights in these areas are
defined by
the
constitution and not completely unfettered in these areas.
RESOLVED,
That a special House commission be and the same is hereby created
consisting
of nine (9) members: three (3) of whom shall be members of the House of
Representatives,
one from the minority party, all of whom shall represent a coastal community,
to
be
appointed by the Speaker of the House; one of whom shall be the Executive
Director of the
Coastal
Resources Management Council, or designee; one of whom shall be a
representative of
the
Rhode Island Realtors Association; and one of whom shall be the Rhode Island
Attorney
General,
or designee with experience in shoreline access issues; one of whom shall be
the
Executive
Director of the Conservation Law Foundation, or designee; one of whom shall be
a
member
of a chamber of commerce from a coastal community, to be appointed by the
speaker of
the
house; and one of whom shall be a land use attorney, to be appointed by the
speaker of the
house.
The purpose of said commission shall be to make a comprehensive study of the
issues
relating
to lateral access along the Rhode Island shoreline as protected within the
Rhode Island
Constitution.
Forthwith
upon passage of this resolution, the members of the commission shall meet at
the
call of the Speaker of the House and organize and shall select, from among the
legislators, a
chairperson.
Vacancies in said commission shall be filled in like manner as the original
appointment.
The
membership of said commission shall receive no compensation for their services.
All
departments and agencies of the state shall furnish such advice and
information,
documentary
and otherwise, to said commission and its agents as is deemed necessary or
desirable
by the commission to facilitate the purposes of this resolution.
The
Speaker of the House is hereby authorized and directed to provide suitable
quarters
for
said commission; and be it further
RESOLVED,
That the commission shall report its findings and recommendations to the
House
of Representatives no later than January 30, 2007.
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LC00891/SUB A/2
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