It sounds as if the negotiations to keep public access to Kennebunkport’s Goose Rocks Beach have hit a snag, but the parties involved should continue working toward an agreement for continued public use.

The parties involved in the litigation are scheduled to meet next month in court for private conference meetings, in which they will discuss new settlement terms establishing rules for public access to the beach.

Recently, the Kennebunkport Conservation Trust has been acting as mediator in the negotiations. A working group created a settlement term sheet, written March 6, which outlined how an agreement would work. The terms included that the town and Goose Rocks Beach plaintiffs would drop all claims to the beach; individual ownership rights to the beach would be affirmed; the beach would be open to the public for general recreational use; and access points to the beach would be clearly identified with signs.

Despite receiving positive feedback from many of the area residents ”“ 74 percent of oceanfront property owners who responded to a survey said they supported the plan ”“ it appears that the terms will likely be scrapped.

Durward Parkinson, of Bergen & Parkinson, LLC in Kennebunk, was hired last month by the Kennebunkport Conservation Trust to assist with negotiations. Parkinson said in an interview last week that new terms will likely be written, with participation from all parties involved, after they discuss what rules they would like to see enforced, at the upcoming meetings.

A settlement would require 80 percent of the Goose Rocks Beach homeowner plaintiffs and 80 percent of the neighboring locals to agree to it. In addition, 87 of the 109 beachfront property owners need to agree to a settlement.

If a settlement cannot be reached, the parties would likely go to trial late this summer.

It is important that the beachfront property owners work with the town and neighbors to allow continued public access to this beautiful beach.

Maine’s beaches are a major part of what makes it a destination for visitors and an ideal place to live as well. If the public beaches were all claimed by the property owners who live along the state’s sandy shores and closed to all others, tourism would surely drop off, and quality of life for everyone who did not own a piece of the beach would be diminished.

Unfortunately, the Moody Beach case in 1989, Bell v. Town of Wells, concluded that beachfront property owners own the land to the low-water mark ”“ which is most of the beach. The Maine Supreme Court found that Maine, formerly a district of Massachusetts, state law evolved from English common law, colonial ordinances and Massachusetts common law, which gave beachfront property owners these rights.

Despite Maine’s ruling, many other states’ beaches, much like state parks, are public and open for all to enjoy.

While there may be legitimate issues with beach-goers who visit Goose Rocks doing things like littering, making too much noise and setting off illegal fireworks, those issues could be quelled with stronger ordinances and better education and enforcement. Closing the beach to non-property owners is not the answer.

We hope the Goose Rocks Beach plaintiffs will come to a settlement agreement that will continue to allow area residents and visitors to enjoy the beautiful stretch of beach they are so lucky to call home. We also hope a legal battle will not ensue in this case, as the beach has been enjoyed by the public for years, and it should be open for future generations to enjoy as well.

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Today’s editorial was written by City Editor Robyn Burnham on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.