Legislation has been proposed in the Massachusetts state legislature that would allow the public to access private beaches like those we own and maintain at Old Mill Point. Set forth below is a letter some of us have sent to the bill’s sponsors and our state legislatures about the proposed measure:
I am writing to alert you to proposed legislation in Massachusetts that would give the public virtually unfettered access to all privately owned beaches. The Bill is currently designated H./S. 908 and is co-sponsored by Senator Julian Cyr. (Julian.cyr@masenate.gov) and Representative Dylan Fernandes (Dylan.fernandes@mahouse.gov), both of whom represent portions of the Cape and Islands. Current law – in effect since the 1600’s – allows the public to access privately owned beaches only for “navigation,” “fishing” and “fowling.” The bill would add the word “recreation” to that short list. But that deceptively simple addition would shrink beach owners’ rights dramatically and expand the public’s access enormously. “Recreation” is an obviously elastic concept that the Bill broadly defines to embrace “relaxation, watersports, or other enjoyable pastimes.” Accordingly, if enacted, owners of private beaches, including individuals, homeowners’ associations, hotels, resorts, beach and golf clubs and others, could be compelled to permit anyone to walk, sunbathe, play volleyball or frisbee, or otherwise share the waterfront. Private and commercial owners who pay significant property taxes for waterfront property and who incur the costs of cleaning, maintenance, erosion control and replenishment would pay these expenses for everyone’s benefit. The Bill would effectively convert private property into public use. That is clearly unconstitutional. Indeed, even less dramatic changes to the law of beach access were struck down by the Massachusetts Supreme Judicial Court for precisely that reason. Some years ago, the legislature attempted to add an “on-foot” right-of-passage across private beaches, but the SJC held that even allowing “walking” on private land was a “taking” that required compensation to owners. The cost to the Commonwealth of compensating every private and commercial beach owner for “recreational” access would obviously be staggering. Yet the current Bill writes a blank check for just that purpose. We urge you to contact Senator Cyr and Representative Fernandes as well as your own Senator and Representative to register your opposition to this Bill. To locate your representatives and get their complete contact information, please go to this site:https://malegislature.gov/search/findmylegislator