Save the Bay — Battle for Black Point and Public Access
Nov 18, 2019
By Cindy Sabato — 50 Ways We’ve Saved The Bay: Battle for Black Point and Public Access
NARRAGANSETT – Save The Bay’s vision for a fully swimmable, fishable and healthy Narragansett Bay has always included the phrase “accessible to all.” Time and again, we have stepped in to defend Rhode Islanders’ right to the get to the shoreline and to use it as prescribed by the state constitution. We have also worked to protect public access from the barriers of erosion and hardening of the shoreline. But in 1985, we embarked on a heated, five-year battle, at Black Point, against a condominium developer that would help define public access issues in Rhode Island for decades to come.
Black Point is 40 acres of scenic view, footpath and rocky coastline north of Scarborough State Beach in Narragansett. This last stretch of undeveloped shoreline along the western Bay had been used for outdoor recreation for generations. The Rhode Island Constitution guarantees the public’s right to the shoreline. The right to pass over private upland property to get to the shoreline, as had been enjoyed at Black Point for centuries, is commonly granted through “implied dedication,” as demonstrated by the words or conduct of the previous owners of the property, or by a long-standing, uninterrupted, continuous usage by the public, also known as “prescription.”
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