State High Court Rejects Plan for Beach Seizure
MASSACHUSETTS
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The state’s high court threw out a plan to open two acres of a tony Nantucket beach to the public, ruling that county commissioners improperly invoked a state law to seize private land.
The Supreme Judicial Court in Boston overturned a lower court ruling, saying Nantucket County commissioners could not seize the land because they never intended to build a road with it. State law allows the taking of private land to build highways.
Commissioners said they wanted to open part of Surfside Beach to “preserve historic rights of way to the sea,” court papers said.
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