The City of Vernon is right to stick to its guns over public access to Okanagan Lake. In fact, council has no choice but to stand its ground despite some Delcliffe Road residents trying to have the city’s ownership of a road right-of-way revoked. The land was acquired for public use and it will remain that way if the access point is upgraded. The residents’ lawyer maintains his clients should be allowed to purchase the property because the city is actually constructing a park and that doesn’t fit
into road use. However, there are numerous examples of rights-of-way being used for things other than vehicular traffic — whether it is the rest stop near Falkland or the Kal Lake lookout. The residents’ application to the registrar of land titles can’t be left unchallenged by the city because if the residents prevail, the public’s right to access all other rights-of-way could be in jeopardy.And that would be unfortunate at a time when the community is growing and demand for lake access is high. Certainly residents on Delcliffe Road have had some concerns about traffic, noise and other activities, but the city has gone through an extensive process to address the issue. The argument can actually be made that any incidents of parties or vandalism may be minimized because law-abiding citizens will use the upgraded facilities more and send the criminal element packing. It’s unfortunate that the city finds itself still having to defend its position despite endless public hearings and refinement to plans. But in the end, the interests of the broad community require diligence.
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By RICHARD ROLKE Morning Star StaffAug 16 2006
A major fight is brewing over the City of Vernon’s lake access plans in Okanagan Landing. Council voted Monday to oppose an application from three residents who want the provincial government to cancel a 874-metre road dedication on Delcliffe Road and allow them to purchase it. The city wants to turn the road-right-of-way into upgraded public lake access. “We’re trying to do the right thing for our community. We have to do this for people who don’t live on the lake,” said Coun. Juliette Cunningham. “I’ll be working really hard to veto this challenge.”
In a presentation to council, the lawyer for the three Delcliffe Road residents slammed the city’s proposal. “There’s no discussion about roadway. There’s discussion about a park,” said Jeff Frame. “The focus of the whole process was creation of recreation sites. You got the land for free to use as a road and to use it for park, there’s a whole bunch of different considerations.” The next step is for the registrar of land titles to hear the case and determine if the residents can purchase the site. “We’ll see the process continue,” said Gary Strother, one of the residents adjacent to the right-of-way. “A decision will be made by someone other than myself or council.” City officials are defending their actions and dismiss suggestions that lake access doesn’t conform with road right-of-way. “They were created for lake access. Whether you wade in or drive in, it’s a legitimate use of a road right-of-way,” said Leon Gous, chief administrative officer. There is concern that a possible negative ruling on the Delcliffe Road site could impact other rights-of-way being developed into lake access. “It’s not just one. It’s every right-of-way on the lake,” said Coun. Pat Cochrane. The residents received support from Coun. Patrick Nicol, who didn’t want council opposing the issue going before the registrar of land titles. “It’s about them believing in something strong enough to do this,” he said, adding that he believes in private property rights. However, Cunningham took aim at Nicol’s comments. “The original owners would be the only ones to have the right to the road and the new owners don’t. This is about not wanting public access in that neighbourhood,” she said.
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