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Thread: Lake access

  1. #21
    Join Date
    Oct 2009
    Posts
    955

    Re: Lake access

    Here is the link to the judgement for anyone interested in how it was arrived at: https://www.bccourts.ca/jdb-txt/ca/2...m#_Toc65246410

    Summary:
    The trial judgment gave the public access to two lakes on the appellant, DLCC’s property. DLCC challenges the judge’s determination that a road and a trail on the property were excepted from an 1895 Crown grant and that there is public access to both lakes. Held: Appeal allowed in part. The road in question was excepted from the Crown grant; however, because the trail was not excepted from the Crown grant and the elements of common law dedication are not met, the trail is not a public way. The trial judge erred in determining the natural boundary of one lake by failing to address the applicable statutory criteria. The public road at issue does not reach the natural boundary of either lake, as defined by survey. The Trespass Act permits DLCC to prohibit the public from crossing its property, including its land under water. The lakes in question are not navigable and no case for access to the shoreline as a right appurtenant to the right to navigate is made out. A public interest costs order against DLCC and the respondent Province was also set aside, with each party ordered to bear their own costs at trial.

  2. #22
    Join Date
    Oct 2010
    Location
    North Van
    Posts
    1,888

    Re: Lake access

    Quote Originally Posted by IronNoggin View Post
    Worst possible news for those of us on the Island wanting access to our own back country...

    Sad Day,
    Nog
    Worst possible news for anyone who didn't marry an heir of the WalMart clan. Glad to know the diehard capitalists are down with the guys who profit from ChiCom slave labour.
    Rob Chipman
    "The idea of wilderness needs no defense, it only needs defenders" - Ed Abbey
    "Grown men do not need leaders" - also Ed Abbey

  3. #23
    Join Date
    Oct 2013
    Location
    Lower Mainlad / Fraser Valley
    Posts
    184

    Re: Lake access

    Its nice that our fishing license monies went to stocking these lakes so they can charge people to fish them.

  4. #24
    Join Date
    Jul 2009
    Posts
    9,436

    Re: Lake access

    Bear valley...
    Are you then, ok with people buying BC?
    Because as you state it. And as much money as some people have.. it can happen.

  5. #25
    Join Date
    Mar 2008
    Posts
    14,707

    Re: Lake access

    Quote Originally Posted by Rob Chipman View Post
    Worst possible news for anyone who didn't marry an heir of the WalMart clan. Glad to know the diehard capitalists are down with the guys who profit from ChiCom slave labour.
    Yup Both the DLCC and Walmart can go Phuck themselves - NOT that they could CARE less how BC Taxpayers - Residents think ! jmo RJ

  6. #26
    Join Date
    Mar 2013
    Posts
    334

    Re: Lake access

    Quote Originally Posted by REMINGTON JIM View Post
    Yup Both the DLCC and Walmart can go Phuck themselves - NOT that they could CARE less how BC Taxpayers - Residents think ! jmo RJ
    100 percent agree

  7. #27
    Join Date
    Dec 2011
    Posts
    2,469

    Re: Lake access

    Quote Originally Posted by 835 View Post
    Bear valley...
    Are you then, ok with people buying BC?
    Because as you state it. And as much money as some people have.. it can happen.
    To tell you the honest truth, I’d rather DLCC had remained under Canadian ownership like it was in the Chunky Woodward days.
    Chunky was hands on, on the ranch.
    DLCC seems to have drawn a lot of attention due to these 2 lakes and rightfully so.
    I have bigger issues with Canadian ranch ownership ....it’s burnt me for years that the Gang Ranch is under Saudi ownership.....but who are we to say who buys what.
    At least the Gangs got an excellent manager in place.
    This entire DLCC case is not about who owns it....it’s about legalities.
    If the access was indeed public I’d be as bent over the decision as you.
    If the road is not an access that puts the public to the lake without crossing private dirt I would side with the owner of said property.
    I do not believe in freedom to roam someone else’s private land.
    I’m old school and firmly believe if someone wants to access private property it’s a simple as knocking on a door or picking up the phone.
    You might get a yes, you might get a no.
    At least you would be being respectful.
    On that I’m done with this cry baby thread.
    To bad the money pissed away on this lawsuit hadn’t been put to a useful fish or wildlife project.

  8. #28
    Join Date
    Dec 2011
    Posts
    2,469

    Re: Lake access

    Quote Originally Posted by stan View Post
    your a frickin idiot
    That the best you got mouthpiece?
    Some of you clowns don’t really get the private property deal....you got something I can use?

  9. #29
    Join Date
    Oct 2012
    Location
    region 9
    Posts
    11,528

    Re: Lake access

    There are easements within cities on private property, in order to provide access or right of ways for various utilities or other infrastructure...it would be nice if the the govt could employ the same idea with access roads or paths to crown land or crown lakes through private property....

  10. #30
    Join Date
    Mar 2010
    Posts
    1,009

    Re: Lake access

    Wait a hundred years until BC is like Europe or Texas and most land is privately owned by the super rich or under some resource tenure or controlled by aboriginals. Have fun practicing your family’s traditional practices hunting, fishing, hiking, canoeing, gathering etc. on parcel stamps of land. By then the squabbles of the rabble (which we are to them) will be too late. We are blessed with large expansive public lands. Currently. Don’t think that these lands will continue in perpetuity without a fight to maintain and improve access.

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