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Charlestown beach arrest

Old 06-10-2019, 08:45 PM
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Default Charlestown beach arrest

Not sure if you guys saw this. One of the home owners put up a no tresspassing sign and hired security guard to protect the beach in front of his house. A guy was walking, gathering seaweed and such. they called the police on him and apparently south Kingstown police arrested a guy for gathering seaweed on “private beach”. He was below the median high tide line and made the officer aware. Still arrested and charged with willful trespassing.



https://www.facebook.com/1205225136/...917753&sfns=mo
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Old 06-11-2019, 02:35 AM
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Old 06-11-2019, 02:38 AM
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Well those charges better be thrown right out.
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Old 06-11-2019, 04:35 AM
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Why would someone "Gather Seaweed"? Are they going to cook it?
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Old 06-11-2019, 04:43 AM
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Originally Posted by captpepin View Post
Why would someone "Gather Seaweed"? Are they going to cook it?
Possible use includes gardening -compost/fertilizer
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Last edited by aubv; 06-11-2019 at 05:34 AM.
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Old 06-11-2019, 05:22 AM
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Originally Posted by rifisher88 View Post
Not sure if you guys saw this. One of the home owners put up a no tresspassing sign and hired security guard to protect the beach in front of his house. A guy was walking, gathering seaweed and such. they called the police on him and apparently south Kingstown police arrested a guy for gathering seaweed on “private beach”. He was below the median high tide line and made the officer aware. Still arrested and charged with willful trespassing.



https://www.facebook.com/1205225136/...917753&sfns=mo
saw this. pretty brutal. was it SK or charlestown?

either way, charges have to get dropped.

I saw this dude or someone it's trying to do a meet up and have a boatload of people to gather near here and fish, play, walk, collect shells, whatever just to piss off the property owners. be interesting to see how it plays out.
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Old 06-11-2019, 05:35 AM
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Originally Posted by captpepin View Post
Why would someone "Gather Seaweed"? Are they going to cook it?
Because it is a specifically protected practice in the state constitution.

Call me a sceptic, but I suspect something else is going on here. There were other individuals on the land as well that the camera guy was talking to and they were not arrested. I have walked and fished that stretch alone and with my wife many times and no one bothered us. If it is true that his only action was collecting seaweed below the MHW mark then an arrest should not have been made. Hell the state constitution was even amended maybe two decades ago to liberalize public access rights, but never defined how far public use extends.
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Old 06-11-2019, 08:27 AM
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Originally Posted by captpepin View Post
Why would someone "Gather Seaweed"? Are they going to cook it?
Yup!!! We used it many times for our clam bakes!!
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Old 06-11-2019, 08:40 AM
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guy is going to get a pay day for false arrest if he was in fact not doing anything wrong

below median high tide line is fair game to walk on in most places... in some places the land below median high tide is in fact private property though... so its not a universal rule. for example, man made basins, canals, etc, where land was turned into water would likely not have littoral or riparian rights/protections.

that said, there are $20-50m+ houses around where i am and you can walk right behind them at low tide

Last edited by mystery; 06-11-2019 at 09:18 AM.
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Old 06-11-2019, 09:44 AM
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The median high tide mark is the mean high tide averaged out over the last 16.8 years and is usually in the water, so no he wasn't below it and on this particular day the public beach was mostly empty so there was no reason he needed to be in that spot.. This guy was not there to gather seaweed he was there to protest and was disrespectful to the police. Nobody on that beach stops people from walking, fishing, swimming, etc. and it is private property and they do own the beach, these owners pay 15 to 35k in property taxes. The problem comes when an owner can't find a spot to put their chair on a their piece of property that they worked hard for to buy and pay taxes. Again walking, fishing, swimming no problem I am sure nobody would like someone to come set up in their front yard these people just happen to be fortunate enough to have theirs be the beach. Don't hold that against them.
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Old 06-11-2019, 09:51 AM
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Originally Posted by Scout 245 View Post
The median high tide mark is the mean high tide averaged out over the last 16.8 years and is usually in the water, so no he wasn't below it and on this particular day the public beach was mostly empty so there was no reason he needed to be in that spot.. This guy was not there to gather seaweed he was there to protest and was disrespectful to the police. Nobody on that beach stops people from walking, fishing, swimming, etc. and it is private property and they do own the beach, these owners pay 15 to 35k in property taxes. The problem comes when an owner can't find a spot to put their chair on a their piece of property that they worked hard for to buy and pay taxes. Again walking, fishing, swimming no problem I am sure nobody would like someone to come set up in their front yard these people just happen to be fortunate enough to have theirs be the beach. Don't hold that against them.
i was reading that in general mean high tide is averaged over 18 years or so but then was reading that rhode island recognizes shoreline access differently than the epoch high tide line? it is really what the rhode island laws say (and any relevant case law).

Last edited by mystery; 06-11-2019 at 10:01 AM.
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Old 06-11-2019, 10:12 AM
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Originally Posted by mystery View Post
i was reading that in general mean high tide is averaged over 18 years or so but then was reading that rhode island recognizes shoreline access differently than the epoch high tide line? it is really what the rhode island laws say.
Recently land owners down by Misquamicut won at the RI Supreme Court level a case that essentially gave the land owners private property rights to the MHW mark, which has generally been accepted as the owners private boundary. when the beachfront extended 150 or 200' to the water, there wasn't a lot of concern necessarily if someone was technically on your property. many of these areas are now 25-50' of beach, literally in the owners front yard. some of these areas are also adjacent to the town beach or other public beaches that get quite full and people spread out and throw down their blanket and cooler in front of someone's personal residence. Not cool.

There have been some public access favorable decision as well. In one case (I don't have the cite but reviewed it in the past) local property owners blocked access and parking to the shoreline. Local residents regularly used the area to park and for access. The private access (which I believe included a public dead end street) had to be opened back up to public use, as the predominant use over several decades was for public access. Original intent, open and frequent use over a period of years, etc where all reviewed in making the determination.



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Old 06-11-2019, 10:15 AM
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Originally Posted by Scout 245 View Post
The median high tide mark is the mean high tide averaged out over the last 16.8 years and is usually in the water, so no he wasn't below it and on this particular day the public beach was mostly empty so there was no reason he needed to be in that spot.. This guy was not there to gather seaweed he was there to protest and was disrespectful to the police. Nobody on that beach stops people from walking, fishing, swimming, etc. and it is private property and they do own the beach, these owners pay 15 to 35k in property taxes. The problem comes when an owner can't find a spot to put their chair on a their piece of property that they worked hard for to buy and pay taxes. Again walking, fishing, swimming no problem I am sure nobody would like someone to come set up in their front yard these people just happen to be fortunate enough to have theirs be the beach. Don't hold that against them.
This is your first post. Do you have a relation to this property owner or situation?
I do not know the law here about tide lines, but this video appears ridiculous. There is no need to arrest people for walking through, or gathering seaweed. Put the law aside and this morally unjust.
"...mean high tide averaged out over the last 16.8 years and is usually in the water..." Is it below the water in this video?
If he was protesting, I am sure he wouldn't have been without signs up. The video and event seems staged a bit, so the protesting may be accurate.
Can we get the owners name here? I'd like to hear the other side of the story as well.
The land doesn't appear to be "Posted" properly.
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Old 06-11-2019, 10:19 AM
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I can't believe some people are still under the illusion that we actually live in a free country.
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Old 06-11-2019, 10:20 AM
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It really doesn't matter if the owners paid $2 or $2B for the land. The law doesn't care. It also doesn't care if you have a mile of beach between your house and the water or 20 feet. People think they have special privelages because they are rich, because generally they do when it comes to what your money can bend, but not usually when it comes to law, which pisses rich people off.

Sorry about that.
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Old 06-11-2019, 10:24 AM
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Originally Posted by Scout 245 View Post
The median high tide mark is the mean high tide averaged out over the last 16.8 years and is usually in the water, so no he wasn't below it and on this particular day the public beach was mostly empty so there was no reason he needed to be in that spot.. This guy was not there to gather seaweed he was there to protest and was disrespectful to the police. Nobody on that beach stops people from walking, fishing, swimming, etc. and it is private property and they do own the beach, these owners pay 15 to 35k in property taxes. The problem comes when an owner can't find a spot to put their chair on a their piece of property that they worked hard for to buy and pay taxes. Again walking, fishing, swimming no problem I am sure nobody would like someone to come set up in their front yard these people just happen to be fortunate enough to have theirs be the beach. Don't hold that against them.
how long you been lurking?

or is this a second screen name? got skin in the game?
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Old 06-11-2019, 10:34 AM
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Originally Posted by Reming870 View Post
This is your first post. Do you have a relation to this property owner or situation?
I do not know the law here about tide lines, but this video appears ridiculous. There is no need to arrest people for walking through, or gathering seaweed. Put the law aside and this morally unjust.
"...mean high tide averaged out over the last 16.8 years and is usually in the water..." Is it below the water in this video?
If he was protesting, I am sure he wouldn't have been without signs up. The video and event seems staged a bit, so the protesting may be accurate.
Can we get the owners name here? I'd like to hear the other side of the story as well.
The land doesn't appear to be "Posted" properly.
Again this guy was not there to gather seaweed some one h knew was asked to leave the beach so he came by, if he was just gathering seaweed why did he have someone shooting video. This particular is the closest to the public beach and is heavily posted due to previous issues and you d why would you need the owners name.
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Old 06-11-2019, 10:35 AM
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If he posted his land then he has to keep people off it otherwise people will argue there is an easement...the homeowner is not in the wrong here, the hippy collecting seaweed is an ass
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Old 06-11-2019, 10:36 AM
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No it doesn't matter what they paid all that matters is that they legally purchased & own the property, they are with in their rights to ask to leave their property.
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Old 06-11-2019, 10:37 AM
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What does any of that matter all that matters is the law, do you know it?
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