CRMC issues annual ROW report

February 23, 2010, WAKEFIELD – The Rhode Island Coastal Resources Management Council (CRMC) has released its 2008-2009 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 http://www.crmc.ri.gov/publicaccess/row2009.pdf.

From July 2008 through June 2009, 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 the continuation of Riesman v. CRMC, which had been in and out of the court system since the 1980s. The court case was resolved during the 2007-2008 time period, but was listed in this report because of its significance. 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. A petition for a writ of certiorari was subsequently filed to the RI Supreme Court; briefs and reply briefs were filed with the court in May 2006. The Court’s denial of the petition exhausted the Riesman’s legal challenges to the CRMC’s designation of the right-of-way Y-1 at Tuckerman Avenue.

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. Because the plaintiff’s brief was overdue during the 2007-2008 report period, the CRMC sought a court order compelling the applicant to file the brief, which was subsequently received by the court. No further action has been reported at this time, according to the report.

The ROW subcommittee’s legal counsel was also asked to investigate news reports regarding threatened or pending litigation between the Town of Bristol and abutters to the CRMC designated ROW at Clipper Way (CRMC Designation S-25). No court actions regarding this matter have been reported. In addition, the report noted that an assent modification was in process to permanently designate Marine Avenue in Newport as a public ROW. The assent would be recorded in land evidence records.

Correspondence between the CRMC and the Town of Barrington solicitor also continues with regards to the ongoing dispute at the Daunis ROW in Barrington. Legal counsel also briefed the subcommittee on the notice of claim that was filed by the abutters to the CRMC ROW at Tuckerman Avenue (Y-1) in Middletown. The lawsuit will be monitored by CRMC legal counsel.

The CRMC continued to investigate an ongoing ROW violation in East Greenwich during the 2008-2009 report period. At this point no law suits have been filed but notices of violation were issued during the 2007-2008 report period, and discussions between the abutters and CRMC were held in an effort to resolve a ROW encroachment issue.

The subcommittee investigated a potential CRMC ROW on Overlook Drive in Warwick and recommended it to the full Council, which voted to adopt it. Any decision resulting in a public right-of-way designation by the Council is permanently recorded with the Secretary of State.

“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.”