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Keywords

regulation

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Opinion of the Justices, 365 Mass. 681, 313 N.E.2d 561

Facts

The House of Representatives of Massachusetts posed a question to the Supreme Judicial Court regarding the constitutionality of a bill that would establish a public right-of-passage along the coastline between the mean high water line and the extreme low water line. The bill included restrictions on the exercise of this right, such as time limitations and areas of ecological significance. The Justices were tasked with evaluating whether this bill would infringe upon the constitutional rights of private property owners.

‘The order recites the pendency before the General Court of a bill, a copy of which has been transmitted to us with the order. The bill is entitled, ‘An Act authorizing public right-of-passage along certain coastline of the Commonwealth’ (House No. 481).’

Issue

Does the proposed bill creating a public right-of-passage along the coastline violate Article X of the Bill of Rights of the Massachusetts Constitution or the Fourteenth Amendment to the United States Constitution?

‘Would the pending Bill if enacted into law violate Article X of the Bill of Rights of the Constitution of the Commonwealth or the Fourteenth Amendment to the Constitution of the United States?'

Rule

The court ruled that any taking of private property for public use must be accompanied by just compensation, as mandated by both the Massachusetts Constitution and the U.S. Constitution.

‘The permanent physical intrusion into the property of private persons, which the bill would establish, is a taking of property within even the most narrow construction of that phrase possible under the Constitutions of the Commonwealth and of the United States.’

Analysis

The court analyzed the proposed bill and determined that it would effectively appropriate private property for public use without providing adequate compensation. The Justices noted that the bill would allow public access to private coastal property, which constitutes a physical invasion and a denial of the owner's right to exclude others. The court emphasized that the proposed right of passage was not a mere regulation of use but a taking that required compensation.

‘The interference with private property here involves a wholesale denial of an owner's right to exclude the public.’

Conclusion

The court answered the question posed by the House of Representatives in the affirmative, stating that the bill, if enacted, would violate constitutional provisions regarding the taking of private property without just compensation.

‘We answer the question ‘Yes.’’

Who won?

The prevailing party is the private property owners, as the court ruled that their constitutional rights would be violated by the proposed bill.

‘The bill, therefore, would effectively appropriate property of individuals to a public use and thus is controlled by the constitutional restriction of art. 10 of the Declaration of Rights of the Massachusetts (Constitution, and the Fourteenth Amendment to the United States Constitution.’

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