CRMC, releases 2005-2006 ROW report

December 1, 2006, WAKEFIELD—The Rhode Island Coastal Resources Management Council (CRMC) has released its 2005-2006 annual report on rights-of-way in the state, “Designation of Public Rights-of-Way to The Tidal Areas of The State.” The report is available online at www.crmc.ri.gov/publicaccess.html.

From July 2005 through June 2006, the CRMC continued its ongoing efforts to discover and designate public rights-of-way to the tidal areas of Rhode Island. The CRMC performs this function under its legislative mandate (RIGL 46-23-17), which beginning in 1978, tasked the Council with identifying and designating all public rights-of-way to the shore. To meet this charge, the CRMC created a Rights-of-Way Subcommittee. The report details actions of the subcommittee, as well as a number of legal cases that have stemmed from these activities and subsequent actions of the full Council.

One of these court cases was Riesman v. CRMC, which has been in and out of the court system since the 1980s. The issue was whether or not the grantor intended to dedicate this right-of-way located off of Tuckerman Avenue(ROW Y-1) in Middletown for public access. The abutting property owners objected to the CRMC designation as a public right-of-way, arguing that the original grantor in the 1870s dedicated another ROW in the vicinity and used different dedicatory language, which they argued meant the grantor did not intend this parcel as a public ROW. In November 2005 the Superior Court affirmed the CRMC decision designating the parcel as a public ROW.  A Petition for Certiorari to the R.I. Supreme Court was filed by the abutters and by the CRMC, and was denied in September 2006, upholding the CRMC’s designation again and ending the opportunity for any further litigation. The ruling makes this the last step in the designation process for ROW Y-1.

Another important case stemming from ROW designation is Glassie v. CRMC, which involves an appeal of a CRMC-designated ROW in Jamestown. An abutting property owner has been attempting to block the right-of-way with a swing set and has appealed CRMC’s decision. The case is being litigated in the R.I. Superior Court.

According to the report, the ROW Subcommittee also investigated and rendered decisions on nine potential CRMC-designated ROWs in the City of Warwick.

“This report shows that the CRMC continues to investigate and designate these important rights-of-way all over Rhode Island,” said CRMC Chairman Michael M. Tikoian. “These rights-of-way provide important public access for walking, fishing and enjoying the natural resource, and it is vital that the CRMC continue to do the work that was legislatively mandated so many years ago. These recent cases and especially the resolution of the Tuckerman Avenue ROW illustrates the important role of this agency.”