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Articles 1 - 4 of 4
Full-Text Articles in Law
Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton
Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton
Ocean and Coastal Law Journal
Many people assume that access rights to public resources are unwavering. Two Maine Supreme Judicial Court cases concerning limitations to public access to Maine beaches rebut this assumption. In his book, Maine's Beaches Are Public Property: The Bell Cases Must Be Reexamined, Professor Orlando E. Delogu challenges the modifications to public beach access that resulted from these two cases. This Review focuses on the historical and legal arguments that Professor Delogu presents as justification for the reversal of the Bell cases. Professor Delogu gives compelling reasons for his take on the Bell cases and why the State of Maine should …
Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz
Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz
Maine Law Review
Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …
Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue
Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue
Maine Law Review
In 2008, William McGarvey and Mary Klientop filed a declaratory judgment seeking a determination that their neighbor, Jonathan Bird, had no right to cross their intertidal land to reach the ocean to scuba dive. McGarvey and Kleintop own property that borders Passamaquoddy Bay in the Town of Eastport. As owners of oceanfront property in Maine, their title extends through the intertidal zone to low water mark in fee simple. The intertidal land they own also stretches in front of Bird’s property, bordering his property just below the high water mark. This configuration creates a strip that separates Jonathon Bird’s property …
Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello
Not Losing The Forest For The Trees: Distinguishing Conservation Transfer Fees From Other Private Transfer Fees, Frank C. Aiello
Maine Law Review
Private transfer fee covenants against real property are increasingly under fire from Congress, federal regulators, and state legislatures. This fire has been fueled by strong advocacy from the National Association of Realtors. It will only be a matter of time before private transfer fees will also be challenged in state courts as not meeting the common law requirements for a servitude. As these bodies take aim at the private transfer fee, they literally must not lose sight of the forest for the trees. A private transfer fee that benefits conservation and environmental stewardship is consistent with the traditional use of …