Still gated

Councillors want County to take down gate across Pleasant Bay Road, but staff urge prudence

Several councillors are calling for the municipality to take down the gates that barricade Pleasant Bay Road. Roy Pennell wants the municipality to send a backhoe to this Hillier road and tear out the padlocked gates.

“The County has to protect its rights of way to water,” said the Ameliasburgh councillor. “Hillier residents have been using this road for more than a century.”

By forcibly removing the gates, Pennell argues the County will be asserting its rights and will shift the responsibility for proving ownership from the municipality to the property owner.

But Robert McAuley, commissioner for Engineering, Works and Development counselled against such a provocative move. He told a committee of council that removing the gates arbitrarily might entangle the County in a prolonged legal fight.

He tried to dampen enthusiasm by several members of council to pursue the claim.

“It has not yet been resolved whether we have any interest in this land,” said McAuley referring to specific legal interest that can easily be proven, rather than an informal use that could be more difficult to determine.

“This will likely be settled in a courtroom,” said McAuley.

Many council members have vivid memories of fighting for access to Hillier’s beaches and dunes and understand well the risk of conceding this roadway. Other property owners are eyeing this dispute closely—eager to control access to several other roads leading to Hillier beaches.

“This isn’t the only access that is threatened,” said Ameliasburgh’s Janice Maynard. “We will need to defend these patents. It is going to take what it is going to take.”

Pennell echoed the concern.

“Once they are gone, they are gone forever,” said Pennell.

Dianne O’Brien, too, warned that others were watching.

“I’m there with pitchforks,” said the Ameilasburgh council member. “We need a firm stand.”

Picton representative Lenny Epstein suggested the County pursue an injunction, removing the gates until the matter is settled.

McAuley said winning an injunction would require the County to prove harm against its property.

“It has not been established as a public highway,” said McAuley. “It is hard to prove we have an interest.”

McAuley appeared to be pouring cold water on whether or not the County needed to pursue this claim. He frequently repeated that proving ownership would be difficult—and besides there are many roads and rights of way in Prince Edward County facing absorption by neighbouring landowners.

“There are a number of water access points in dispute,” said McAuley.

The commissioner might have hoped his words would temper the ambition by some council members to see a quick solution. But McAuley’s argument is much more likely to do the opposite—as a growing chorus of County residents react to the closing of what many see as a public road.