Rhode Island Judge Upholds Private Beach Property Rights
Submitted by MAGA
Posted 47 days ago
Rhode Island Judge Rules in Favor of Private Beach Property Owners
In a significant victory for private property rights, a Rhode Island judge has ruled that the state cannot simply change a law and take away beach property belonging to homeowners with waterfront properties. The ruling comes after the state moved the demarcation line between public beach and private land 10 feet further inland, effectively confiscating land from homeowners without compensation.
Superior Court Judge Sarah Taft-Carter said that the state's "novel" beach access law violates the property rights of homeowners. The Pacific Legal Foundation, which represented the Rhode Island Association of Coastal Taxpayers, hailed the decision as a major victory for landowners.
The judge's ruling found that the state's law resulted in an unconstitutional taking of private property. "The act reduced the plaintiff's 'bundle of rights' inherent in the ownership of property by expanding the preexisting boundary line to 10 feet landward of the recognizable high tide line and confiscated the plaintiff's property resulting in an unconstitutional taking," Judge Taft-Carter wrote.
The case was launched on behalf of the Rhode Island Association of Coastal Taxpayers after lawmakers voted to move the demarcation line for "public beach" property inland 10 feet, confiscating that same land from landowners in the state. The legal team argued that the state violated the Takings Clause of the Fifth Amendment.
The ruling is a significant win for private property rights and a blow to government overreach. It sends a clear message that the state cannot simply change laws to take away private property without compensation. The final order from the judge is expected to come later.
In other news, Vice President Kamala Harris joined a call with major Democratic donors to discuss "urgent, emerging needs" as more Democratic lawmakers publicly call on President Joe Biden to drop his bid for reelection. The call came as a top Democrat donor issued a statement urging President Joe Biden to end his re-election campaign as he continues to fall further behind former President Donald Trump in polling.
Sources:
wnd.com
cnbc.com
dailywire.com
In a significant victory for private property rights, a Rhode Island judge has ruled that the state cannot simply change a law and take away beach property belonging to homeowners with waterfront properties. The ruling comes after the state moved the demarcation line between public beach and private land 10 feet further inland, effectively confiscating land from homeowners without compensation.
Superior Court Judge Sarah Taft-Carter said that the state's "novel" beach access law violates the property rights of homeowners. The Pacific Legal Foundation, which represented the Rhode Island Association of Coastal Taxpayers, hailed the decision as a major victory for landowners.
The judge's ruling found that the state's law resulted in an unconstitutional taking of private property. "The act reduced the plaintiff's 'bundle of rights' inherent in the ownership of property by expanding the preexisting boundary line to 10 feet landward of the recognizable high tide line and confiscated the plaintiff's property resulting in an unconstitutional taking," Judge Taft-Carter wrote.
The case was launched on behalf of the Rhode Island Association of Coastal Taxpayers after lawmakers voted to move the demarcation line for "public beach" property inland 10 feet, confiscating that same land from landowners in the state. The legal team argued that the state violated the Takings Clause of the Fifth Amendment.
The ruling is a significant win for private property rights and a blow to government overreach. It sends a clear message that the state cannot simply change laws to take away private property without compensation. The final order from the judge is expected to come later.
In other news, Vice President Kamala Harris joined a call with major Democratic donors to discuss "urgent, emerging needs" as more Democratic lawmakers publicly call on President Joe Biden to drop his bid for reelection. The call came as a top Democrat donor issued a statement urging President Joe Biden to end his re-election campaign as he continues to fall further behind former President Donald Trump in polling.
Sources:
wnd.com
cnbc.com
dailywire.com
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