mick_allen
Paddler & Moderator
- Joined
- May 15, 2005
- Messages
- 3,581
There's a fascinating case being appealed in BC courts today with regards to a landowner gating historic trails and roads through his private lands to several public lakes.
and
[there's a link to the zoom court case at the page bottom]
The specific court case has been brewing for decades and there have been all sorts of interesting subtleties along the way . . . including flooding of the lake so that the new perimeter now is over private land giving total control of the lake notwithstanding other argumentation. Worth searching the back story out for entertaining reading. . . implications that both the RCMP and goverment agents might have been paid off in some manner.
Now of course, for us paddlers, this affects limited situations where small lakes that we might like to paddle on are totally enclosed - but there are also interesting situations where river access is shut down especially for WW paddlers. This is especially of concern where this access if important in order to bypass or reach river stretches that are more navigable or safe [or interesting!] to get on. And in the wider application it might even relate to 'right to roam' possibilities - but that might be too much to wish for. . . but historic trails and historic easements and rights of way??
As well, for us ocean paddlers, there are situations [I can think of at least one very important one] where if the ocean level raises so that certain lower levels are flooded, the new possibilities attained may be precluded to be utilized because they are over former private lands and that new beaches next to old may be shut right down. I know of one great site that has an infinitesimally narrow strip of private land across the frontage - will future access be attained? forbidden? Also there are reams of named 'public beaches' below or barely above the high tide line that butt up against private lands - what happens when the water rises? interesting, interesting.
Douglas Todd: U.S. billionaire again battles to stop ‘trespassers’ on his giant B.C. ranch
Opinion: U.S. billionaire Stan Kroenke is disputing a B.C. Supreme Court ruling he can't stop anglers using two lakes on his mammoth property.
vancouversun.com
and
Court appeal expected to clarify access rights of recreationists and nature enthusiasts to public lands - Outdoor Recreation Council of BC
Media release: Court appeal expected to clarify access rights of recreationists and nature enthusiasts to public lands A long-standing dispute between the Douglas Lake Cattle Company, BC’s largest private landowner, […]
www.orcbc.ca
The specific court case has been brewing for decades and there have been all sorts of interesting subtleties along the way . . . including flooding of the lake so that the new perimeter now is over private land giving total control of the lake notwithstanding other argumentation. Worth searching the back story out for entertaining reading. . . implications that both the RCMP and goverment agents might have been paid off in some manner.
Now of course, for us paddlers, this affects limited situations where small lakes that we might like to paddle on are totally enclosed - but there are also interesting situations where river access is shut down especially for WW paddlers. This is especially of concern where this access if important in order to bypass or reach river stretches that are more navigable or safe [or interesting!] to get on. And in the wider application it might even relate to 'right to roam' possibilities - but that might be too much to wish for. . . but historic trails and historic easements and rights of way??
As well, for us ocean paddlers, there are situations [I can think of at least one very important one] where if the ocean level raises so that certain lower levels are flooded, the new possibilities attained may be precluded to be utilized because they are over former private lands and that new beaches next to old may be shut right down. I know of one great site that has an infinitesimally narrow strip of private land across the frontage - will future access be attained? forbidden? Also there are reams of named 'public beaches' below or barely above the high tide line that butt up against private lands - what happens when the water rises? interesting, interesting.