Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        Verrill Attorney Gordon Smith Comments on Lawsuit Claiming Ownership of Maine Coastal Property

        by Gordon R. Smith on May 14, 2021

         

        A group of beachgoers and seaweed harvesters have filed a new lawsuit against several Maine coastal property owners, attempting to overturn centuries of private ownership of intertidal land. The plaintiffs in the lawsuit are pitching the unsupported idea that there is a legitimate debate about the legal framework for coastal property ownership in Maine. A number of the landowner defendants are represented by Verrill environmental attorney Gordon Smith.

        When the same argument about public ownership of the intertidal zone was made in the 1980s, the Maine Supreme Court unanimously rejected it in two separate decisions, stating, “Any such revisionist view of history comes too late by at least 157 years.” Bell v. Town of Wells, 557 A.2d 168, 172 (Me. 1989). As recently as two years ago, some of the plaintiffs in the current litigation made their argument to the Maine Supreme Court that the state owns all the intertidal land in Maine. The Court ignored it.

        Gordon was quoted in a recent Portland Press Herald article, “These are sort of speculative academic arguments that are inconsistent with how people have treated property for hundreds of years and also arguments that the court has seen and rejected on more than one occasion. I don’t think that there is really a legitimate chance of these arguments succeeding.”

        Another story on the lawsuit, this one from News Center Maine, repeats the plaintiffs’ claim that Maine’s tidal coastline is 3,500 miles long, but only 1 percent of that is made up of publicly-owned beaches. The plaintiffs fail to mention that, according to the State of Maine Geological Survey, only 2 percent of Maine’s coastline is made up of beaches of any kind. Ninety percent of those beaches are south of Portland and most of them are public. Gordon was also quoted in this news story.

        If the people of Maine want the state to own private intertidal land, or even beaches or other private land above the high tide mark, the state has the power to take that land through eminent domain. The Legislature can vote to make state property of all the beaches or all the intertidal land in Maine. The Maine and U.S. Constitutions require only that private property owners receive just compensation for their land that has been taken by the government. In other words, the state can own the entire coast if it wants to, it just has to pay for it.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Media Mentions

        Robert Keach Provides Commentary on First Brands Restructuring in Law360

        Verrill attorney Robert Keach was quoted in the Law360 article, "First Brands' Ch. 11 Plan Revives Angst Over Admin Claims," discussing First Brands...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...