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S 565

An Act preserving public trust rights in land affected by ocean erosion

194th Legislature (2025-2026) Introduced by Julian Cyr

Bill preserves public trust rights over land newly exposed by ocean erosion rather than allowing private ownership claims on formerly submerged coastal property.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 565

Legislative bill overview

S 565 addresses the legal status of land exposed by ocean erosion in Massachusetts, seeking to preserve public trust rights—traditionally applied to tidal flats and submerged lands—as coastal erosion reveals previously underwater property. The bill aims to prevent private ownership claims on newly exposed land and maintain public access and resource rights over these areas.

Why is this important

As sea levels rise and coastal erosion accelerates due to climate change, significant amounts of previously submerged land are being exposed. Without clarification, private landowners could claim ownership of newly exposed terrain, potentially restricting public beach access, fishing rights, and natural resource management. This bill addresses a growing real-world conflict between private property rights and longstanding public trust doctrines.

Potential points of contention

  • Takings clause concerns: Property owners may argue the bill unconstitutionally restricts their rights to newly exposed land adjacent to their property without compensation
  • Definition ambiguity: Determining precisely what constitutes "land affected by ocean erosion" versus natural accretion or fill could create disputes and administrative challenges
  • Economic impact: Waterfront property owners, developers, and municipalities relying on tax revenue from private coastal land may oppose restrictions on development of exposed areas

Compiled from official sources — confirm details with the bill’s official record.

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