2012 -- S 2565 SUBSTITUTE A

Enacted 06/23/12






     Introduced By: Senator James C. Sheehan

     Date Introduced: February 28, 2012



It is enacted by the General Assembly as follows:


     SECTION 1. The general assembly makes the following findings of fact:

     (1) During the year 1955, Ralph W. Northup and Albert M. Secor, predecessors in title to

William E. Johnson and Mary Jean Johnson, filled and dredged certain parts of an arm of Mill

Cove in Wickford Harbor in the town of North Kingstown, Rhode Island; and

     (2) Said filling was accomplished pursuant to certain permits issued to Ralph W. Northup

and Albert M. Secor on August 9, 1955, by the New England division of the Army Corps of

Engineers, and other permits issued to Ralph W, Northup and Albert M. Secor by Rhode Island

department of natural resources, then known as the department of public works, division of

harbors of rivers, dated August 8, 1955; and

     (3) James P. McCarthy acquired title to the riparian upland further identified as Lots 6

and 7 on assessor’s plat 117 in the records of the tax assessor for the town of North Kingstown

from Ralph W. Northup on June 14, 1961; and

     (4) James P. McCarthy and his successors in interest, Gary I. Smith and Margaret E.

Byrne, have used the filled land consistently as part of their property since the date of filling; and

     (5) The waterfront on the site is not now open nor accessible to public use; and

     (6) Judicial decisions involving filled tidal lands may create a cloud upon title to the site;


     (7) The transfer, release and conveyance of the interests, if any, of the state and the rights,

if any, of the public in the site under the public trust doctrine will not have any significant or

adverse impact on navigation or commerce over the waters of the state or other uses of the public

trust and such disposition will not impair the public interest in the lands and waters remaining.

     SECTION 2. The state of Rhode Island is hereby declared to have no right, title or

interest in any estate in land whatsoever in, or to, nor any claim against any person on account of

said filling of Mill Cove in Wickford Harbor and said formerly flowed filled land described in the

above described Army Corps of Engineers’ permits as “An arm of Mill Cove at Wickford in the

town of North Kingstown, Rhode Island, on the west side of the section of Mill Cove east of

Cedar Tree Point about five hundred (500) yards from the entrance thereto”, and comprising a

certain parcel of land with buildings, floats, pilings, ramps and locks along with other

improvements situated on the southwesterly side of an arm of Mill Cove bounded and described

as follows:

     PARCEL A. – Beginning at a point (drill hole) on the southeasterly corner of Parcel “A”,

then running westerly 88°53’43” a distance of 58.46 feet to a point (rebar/cap); then turning

northerly 98°12’45” running a distance of 50.64 feet to a point; then turning easterly 81°53’18”

running a distance of 63.87 feet to a point; then turning southerly 92°43’34” running a distance of

50.56 feet to the point of beginning. Said filled land is adjacent to land currently owned by Gary

I. Smith and Margaret E. Byrne at 21 Esmond Avenue, North Kingstown pursuant to a deed

recorded at Book 874, Page 263 of the Town of North Kingstown Land Evidence Records and

further known as Tax Assessor’s Plat 117, Lot 7.

     SECTION 3. This act shall take effect upon passage.




LC02080/SUB A