Connect with us

Rhode Island

GoLocalProv | News | Homeowner Group’s Effort to Block Shoreline Access Law Is Denied by Federal Court

Published

on

GoLocalProv | News | Homeowner Group’s Effort to Block Shoreline Access Law Is Denied by Federal Court


Thursday, September 21, 2023

 

View Larger +

Advertisement

PHOTO: CRMC

U.S. District Court Judge William Smith ruled that the Rhode Island Association of Coastal Taxpayers (RIACT) “lacked the proper standing to sue” over the recently passed law that protects access to Rhode Island’s coast.

The decision is a victory for advocacy groups who have been fighting for years to protect the public’s access to the coast.

RIACT, a group of anonymous beachfront property owners, filed the federal lawsuit this past summer. The group claimed in announcing the suit in July, “Many of RIACT members own title, in fee simple, to beachfront property in Rhode Island. Under their titles and the common law of the state, the shorelands lying seaward of the mean high water (MHW) line are public, but the lands located inland of the MHW line are held in private ownership.”

GET THE LATEST BREAKING NEWS HERE — SIGN UP FOR GOLOCAL FREE DAILY EBLAST

Advertisement

“The state recently enacted a law, H. 5174 (“Act”), which abrogates the traditional MHW line boundary separating public and private beach areas and sets a new boundary at a more inland location, thereby expanding the public beach area inland at the expense of private property,” it stated. 

 

View Larger +

Federal Court Judge William Smith PHOTO: DOJ

Smith’s Decision

Advertisement

Smith states in his decision, “RIACT fears prosecution or citation if its members attempt to eject or dissuade people from encroaching on their property. Pre-enforcement injunctions against prosecutorial agencies are a rare bird; to succeed RIACT must show its members ‘intend to violate or are violating an existing law,” and “the threat of prosecution is sufficiently real to provide standing.’”

“Defendants [Rhode Island DEM, CRMC and Attorney General] say no such threat exists, and no evidence suggests RIACT’s members plan to take any unlawful actions that would result in citation or prosecution,” wrote Smith. “Thus, RIACT has failed to trace the injury claimed (the taking) to the Defendants sued  Dressing up the claim as a ‘fear of prosecution’ is like putting lipstick on a pig. Standing cannot rest solely on speculation and the Court cannot grant RIACT’s members a license to exclude would-be trespassers.”

Further, Smith questions if the homeowner group’s lawsuit is properly before federal court. “Because RIACT cannot tie the named Defendants to the constitutional harm allegedly inflicted by the Act or its cure, the case is not properly in federal court,” wrote Smith.

 

Advertisement

View Larger +

Rhode Island State House PHOTO: GoLocal

Purpose of the Law

The Rhode Island General Assembly said after the passage of the bill in June, “The law is intended to finally provide a clear, easily identifiable border between private property and the area of the shore that the public is constitutionally entitled to use and enjoy.”

“The right of Rhode Islanders to access the shoreline was written into the state constitution when it was adopted in 1843, and further delineated after the 1986 constitutional convention. Yet exactly where public area ends remained a debated issue that has intensified with development of the shoreline over the last century,” said the General Assembly press release.

“A 1982 state Supreme Court case, State vs. Ibbison, established the boundary of the public’s shore access at the mean high tide line, defined as the average of high tides over an 18.6-year cycle, which continually changes with the shifting sands of the coast and rising sea levels. The Supreme Court’s decision has led to much conflict because it is impossible for anyone walking along the shore to know where that shifting line is,” said the release.

Advertisement

“Public shoreline rights have long been cherished by Rhode Islanders, which is why they were guaranteed in our state constitution in the first place. But it’s impossible to protect that right when no one can tell where the public shoreline ends. The lack of a clear definition has caused problems in our state for decades. Our commission put a great deal of care into exploring this issue, working with experts, advocates and property owners to develop a reasonable definition of the public shoreline’s edge that will protect Rhode Islander’s constitutional right without taking private property,” said Representative Terri Cortvriend (D-Dist. 72, Portsmouth, Middletown).

“I believe this legislation is a very fair way to finally settle this question, which really should be clear in a place known as the Ocean State, where beaches and shores are so critical to our identity and economy,” added Cortvriend.

 

 

Advertisement

Enjoy this post? Share it with others.





Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Rhode Island

RI Lottery Mega Millions, Lucky For Life winning numbers for Dec. 24, 2024

Published

on


The Rhode Island Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 24, 2024, results for each game:

Winning Mega Millions numbers from Dec. 24 drawing

11-14-38-45-46, Mega Ball: 03, Megaplier: 3

Check Mega Millions payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 24 drawing

16-22-24-43-47, Lucky Ball: 11

Advertisement

Check Lucky For Life payouts and previous drawings here.

Winning Numbers numbers from Dec. 24 drawing

Midday: 0-9-5-1

Evening: 2-0-2-3

Check Numbers payouts and previous drawings here.

Winning Wild Money numbers from Dec. 24 drawing

08-21-26-33-38, Extra: 36

Advertisement

Check Wild Money payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

  • Prizes less than $600 can be claimed at any Rhode Island Lottery Retailer. Prizes of $600 and above must be claimed at Lottery Headquarters, 1425 Pontiac Ave., Cranston, Rhode Island 02920.
  • Mega Millions and Powerball jackpot winners can decide on cash or annuity payment within 60 days after becoming entitled to the prize. The annuitized prize shall be paid in 30 graduated annual installments.
  • Winners of the Lucky for Life top prize of $1,000 a day for life and second prize of $25,000 a year for life can decide to collect the prize for a minimum of 20 years or take a lump sum cash payment.

When are the Rhode Island Lottery drawings held?

  • Powerball: 10:59 p.m. ET on Monday, Wednesday, and Saturday.
  • Mega Millions: 11:00 p.m. ET on Tuesday and Friday.
  • Lucky for Life: 10:30 p.m. ET daily.
  • Numbers (Midday): 1:30 p.m. ET daily.
  • Numbers (Evening): 7:29 p.m. ET daily.
  • Wild Money: 7:29 p.m. ET on Tuesday, Thursday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Rhode Island editor. You can send feedback using this form.



Source link

Continue Reading

Rhode Island

When will Santa Claus be in RI? Follow the 2024 Santa Trackers from NORAD and Google

Published

on

When will Santa Claus be in RI? Follow the 2024 Santa Trackers from NORAD and Google


play

It was the night before Christmas and all through the house, the children were wondering where’s that guy Claus?

If you’re looking to track Santa Claus’s flight over Providence and Rhode Island’s other cities and towns this Christmas Eve, there are a few ways you can track the big guy with nearly the same accuracy as a late Amazon package.

Advertisement

The military is on it with the NORAD Santa Tracker, and Google, which often feels all-knowing, is also on the case with its own Santa Tracker.

Check out the trackers to see Santa’s location:

See Santa’s location with the NORAD Santa Tracker

NORAD is the most reliable name in Santa tracking. On the job since 1955, when a young child from Colorado Springs accidentally called in (he meant to call a number advertised by a local department store), they’ve been following Santa’s journey using their radar technology ever since.

Now, NORAD, the joint U.S.-Canada command responsible for protecting the skies over both nations, staffs up for the big night, with a number available for children to call for status reports and an online tracker.

Advertisement

When does the NORAD Santa Tracker start?

On Christmas Eve, Dec. 24, of course.

How do I follow Santa’s journey with the NORAD tracker?

Santa is on the move, as you can see below. If it doesn’t load, it can be found at www.noradsanta.org

You can also call NORAD directly at +1 (877) HI-NORAD.

See Santa’s location on the Google Santa Tracker

In 2004, Google started tracking Santa as well, because, well, there’s a lot of interest in Old St. Nick. Google has a  website. While you’re waiting around for Santa, Google’s guide includes a family guide, quizzes and various Christmas-themed games to play.

Advertisement

Why might the NORAD Santa Tracker and Google Santa Tracker disagree?

All of our tracking technology is made for mere mortals, but Santa is magic, and he likes to create a little bit of mystery. It wouldn’t do for children all over the world to be catching him as he comes down the chimney to deliver presents. He would never get any work done! So sometimes, to keep the magic alive, he throws off the trackers, just a little bit.



Source link

Continue Reading

Rhode Island

Up to $5,000 reward offered for tips on who dumped emaciated dog’s body in trash bag in Rhode Island

Published

on

Up to ,000 reward offered for tips on who dumped emaciated dog’s body in trash bag in Rhode Island


Lincoln, RI – PETA is offering a reward of up to $5,000 for information that leads to the arrest and conviction on cruelty charges of the person(s) responsible for dumping a dead dog at Barney’s Pond on Smithfield Avenue.

On December 14, the Lincoln Police Department responded to a report of a dead animal in a trash bag in the parking lot of the pond and discovered the body of a severely emaciated dog with visible signs of trauma. They believe the body was left between the evening of December 13 and the morning of December 14. A white Toyota RAV4 may be connected to the case and is considered a vehicle of interest.

Police are searching for this vehicle of interest, a Toyota RAV4. Photo: Lincoln Police Department

Advertisement

No leads or suspects have been identified, so PETA is asking for the public’s help.

“This poor dog was apparently starved, abused, and then dumped on the side of the road like garbage,” says PETA Senior Vice President Colleen O’Brien. “There may be other animals in the perpetrator’s possession, so PETA asks anyone with information to come forward immediately—other lives may depend on it.”

Anyone with information about the deceased dog or the vehicle should contact Detective Lieutenant Brad Stewart at 401-333-8485.



Source link

Advertisement
Continue Reading

Trending