time for 100-foot public access along coastline?

Date: Fri, 13 Jul 2001 13:39:35 -0300 (ADT)
From: David Redwood <an183@chebucto.ns.ca>
To: sust-mar@chebucto.ns.ca
Precedence: bulk
Return-Path: <sust-mar-mml-owner@chebucto.ns.ca>

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Frank asked me to pass this short commentary to folks I thought
might be interested. Sust-mar folks may be in that group.
Dave

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following is by
Frank Fawson			   
Dayspring,  Lunenburg Co
RR #7 Bridgewater N.S., B4V 3J5
Tel: (902) 543-9166

Non-resident land ownership in Nova Scotia is not a new issue.  Increasing
property assessments, making waterfront property unaffordable to average
Nova Scotians, continues.  But without government action now, to protect
access to our shoreline, a defining part of who we are as Nova Scotians
may disappear.

Culture is largely determined by the primary work people do, which is
determined by the geography of place. In the Maritimes, fishing, farming
and forestry have shaped our culture.  Of all these, fishing has been the
occupation which best characterizes our connection to the sea.  Nova
Scotians are called 'Bluenosers' because of our long relationship with the
surrounding ocean.

The focal point of this relationship is the shoreline, a meeting place
where land touches water.  We are all drawn to that point where the land
gives way to the sea - where the still landscape of solid rock beneath our
feet transforms into the vast, ever-changing, fluid plain of ocean.  The
sound of crashing waves,  damp ocean spray, the smell and taste of salt in
the wind, while eyes stretch over rough water to the horizon, where the
ocean in turn gives way to sky.

It is a space where the four basic elements converge.  The air above, the
earth below, and the water before us creates a fiery passion within.  We
are often reminded there are many things greater than us.

Some Nova Scotians believe there is a law which permits access to any
shoreline in the province.  Traditional local unwritten agreements around
private property rights have, for the most part, allowed everyone free
access to Nova Scotia shorelines - even in areas where rugged coastlines
restrict direct access from below the high-water line.  

This silent agreement is being dramatically altered by the influx of
non-resident landowners, whether from Germany, Ontario or even Halifax.
Every year more shoreline paths are blocked for public use by gates,
fences and 'no trespassing' signs, some now erected by long term resident
Nova Scotians.  We all lose by this quiet redefinition of private property
rights.


We now live in a free market global economy where Nova Scotian land is
just one more commodity.  It is naive to believe we can stop non-resident
land ownership.  But there are mechanisms used elsewhere to limit the
amount of land purchased, like the P.E.I. Lands Protection Act.  There are
also many ways to minimize the impact of increasing property taxes on Nova
Scotians who have far less wealth than most non-residents, or who don't
regard their properties as commodities.  

It's great if, through government or land trusts, oceanfront parcels of
land can be set aside for access but it will never be enough.  The gift of
being Nova Scotian is the freedom to walk our shoreline.  Access only
through purchased designed locations is like setting up seaside museums
for the majority of us who can no longer afford waterfront property.
Wealth should not be the first determining factor in access to the
traditional Nova Scotia commons, our shoreline.

Given the fact that there are paths along most shorelines in Nova Scotia
which have been used for centuries - many over private property - do we
not all have a legal right to continued free public access?  It is  time
for our government to put in place legislation ensuring present and future
generations free access to our shorelines.  A public access corridor along
all shorelines is what is needed.

Critics may argue that free access will allow irresponsible individuals to
abuse private owners' rights to quiet enjoyment of their property.  Rather
than restricting access to all Nova Scotians, tighter enforcement to
control offenders is a better solution.  Besides, anyone in a boat already
has free access along all shorelines.  Why not widen the existing public
access corridor on the water to include one hundred feet of land above the
high water mark?  
		
Yes, a non-resident land tax could and should finance the purchase of
waterfront property for public use.  Non-resident land owners are the
biggest contributors to restricting access to shorelines.  Most can well
afford, and would not object to paying, an additional tax.  The funds
generated should then be used to create a public access corridor along all
shorelines in the province.  A critical part of the traditional Nova
Scotia commons will then be preserved for future generations.


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The preceding message was posted on Sustainable Maritimes (sust-mar)
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