David Welch, owner of Stilts, LLC, and his family cherish their beachfront home in South Kingstown, Rhode Island. Built on stilts over 30 years ago, the Welch family’s home is designed to withstand coastal storms, with rip-rap boulders strategically placed to protect the foundation. For decades, the property’s boundary extended to the mean high-water mark, clearly distinguishing private dry sand from public beach. However, recent actions by the Rhode Island Coastal Resources Management Council (CRMC) threaten the Welch family’s fundamental property rights.
In 2023, a new state law extended the public beach area 10 feet inland from the high tide line, encroaching on private property. With Pacific Legal Foundation’s help, Stilts challenged this as an unconstitutional taking, and a state trial court initially agreed. That case is now before the Rhode Island Supreme Court.
Meanwhile, in 2023, a storm damaged the shoreline around the Welch family home, shifting some rip-rap and damaging a stairway. David sought a permit from the CRMC for essential repairs and restoration. After some dispute and negotiations about what type of work was permissible, the CRMC approved a permit in 2024 allowing Stilts to repair its property—subject to some eye-opening conditions.
The permit demands that Stilts treat its private dry sand parcels as a public beach, mirroring the very law it previously successfully challenged in court. On top of that, the CRMC is demanding a perpetual right to conduct warrantless inspections of the Welch family’s private property, at any time. The CRMC is attempting to strong-arm the Welch family into giving up constitutional rights just to perform basic home maintenance and protection activities.
David Welch and Stilts, LLC are fighting back. They are challenging these unconstitutional conditions, asserting that the government cannot force property owners to choose between maintaining their homes and sacrificing their constitutional rights to private property and protection from unwarranted searches. Their defiance against government overreach embodies the spirit of property rights and individual liberty that Pacific Legal Foundation champions.
What’s At Stake?
- The government cannot force property owners to sacrifice their constitutional right to be free from uncompensated takings to obtain a permit for property maintenance.
- Property owners cannot be compelled to surrender their Fourth Amendment rights to be free from unwarranted searches as a condition for receiving building permits.
