|

Judge Rules on Squirrel Point

A forum to discuss lighthouses in the New England Region of the US
(Maine, New Hampshire, Rhode Island, Massachusetts, Connecticut, Vermont)

Moderator: vacastle

Postby Pharoslvr » Sat Jan 15, 2005 6:15 am


....definitely a positive step in the legal process :!:

http://www.unc.edu/~rowlett/lighthouse/ ... squirrelpt

Brent :)
Pharoslvr
"A smooth sea never made a skilled mariner" British Proverb

<img src="images/SmallOBLHSlogo.jpg">

1995 Charter Member
User avatar
Pharoslvr
Lighthouse God
 
Posts: 5234
Joined: Thu Oct 31, 2002 1:00 am
Location: Southern Virginia

Postby Grover1 » Sat Jan 15, 2005 7:21 am


Brent,

Thanks for posting the good news.

For the forces of light fighting the dark side, it cannot hurt to have a ruling, a precedent like this set.

As the article stated, it is a tad early to scream "VICTORY," but a nice step along the way ...

Barry
Believe those who search for the truth ...
Doubt those who find it ...
User avatar
Grover1
Lighthouse God
 
Posts: 5999
Joined: Fri Jun 13, 2003 12:00 am
Location: God's Square Mile

Postby Gary Martin » Sat Jan 15, 2005 9:01 am


Given the sorts of maneuvering that have gone on, you have to wonder....

Thank God for a bright spot of sanity in this one favoing CSP!
User avatar
Gary Martin
Lighthouse Master
 
Posts: 4054
Joined: Mon Nov 04, 2002 1:00 am
Location: Warren, New Jersey

Postby island » Sun Jan 16, 2005 8:21 pm


What has to happen here is to get this property into the hands of a group that will maintain it in compliance with the provisions of the NHPA, or the more recent NHLPA. If the property reverts back to the USA, it could be some time before a qualified group comes forth to take on stewardship of this light station. It appears that the CSP is strapped for cash and this might prevent their qualilfing to receive this property. Reversion could put SP back on the CG to maintain the property. The light and fog signal are still active but could be discontinued and replaced by a lighted bell buoy in the river.

Concerning public access, other lands surround this light station lot. The former access road to the station was apparently abandoned sometime after the CG automated this light. Mike Trenholm told me when I met him at SP a couple of years ago that he was denied permission to re-establish this former access that crossed what is now maintained as Conservation Land. When I was last there the light station property was being accessed by a rough path following the river for perhaps a half mile or otherwise accessed by boat from the west side of the river.

In addition to Squirrel Point there are four other light stations along this river: Doubling Point, Doubling Point Range Lights, Perkins Island and Pond Island (at the river entrance). Perhaps what could be considered advantageous for this region might be to create an organization such as a Kennebec River Lightkeepers Association.


Details of the history of this ongoing issue may be found here.
http://www.hnsa.org/conf2004/papers/webster.htm
island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am

Postby Pharoslvr » Mon Jan 17, 2005 10:53 am


Thanks for the information, Dave. Is there any deeded access to the station at the present time...even for the present occupants? If so, could that revert back from private to public once a new group takes over? 'Just wondering.

Brent
Pharoslvr
"A smooth sea never made a skilled mariner" British Proverb

<img src="images/SmallOBLHSlogo.jpg">

1995 Charter Member
User avatar
Pharoslvr
Lighthouse God
 
Posts: 5234
Joined: Thu Oct 31, 2002 1:00 am
Location: Southern Virginia

Postby island » Mon Jan 17, 2005 6:31 pm


Brent,

I have not seen this stated for fact but apparently there is no longer deeded access to the lighthouse site based on Trenholm's statements to me and according to Ann Webster-Wallace potential buyers backed out because there was no vehicular access.

Deeded access would have been created in the late 1890s when the land for the lighthouse purchased. This would be the typical of the times conditional agreement allowing the USA to access for the purpose of operating, maintaining the lighthouse as an aid to navigation.

After automation with no light keeper living at the station there would be little or no real need for such access over private land. The Coast Guard uses water side access when servicing the light and fog signal. The CG would not have been compelled to maintain the access road, thus it appears this access was abandoned, and possibly at the request of the state agency managing the adjacent conservation lands to curtail vehicle traffic.

Dave
island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am

Postby island » Mon Jan 17, 2005 7:15 pm


more to Brent,

---revert back from private to public once a new group takes over?


I have no idea. It may depend on the wording specific of the deeded access.

I also wonder about such access over private land deeded to the USA for stated purposes of operating and maintaining the aid to navigation and with such usage language contained in the wording of the deed. Can this "conditional" use access be tranferred to a non-profit or private in no way involved in operating or maintaining this aid? And suppose the aid is discontinued? What then?
island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am

Postby Pharoslvr » Tue Jan 18, 2005 6:07 am


An interesting legal question, Dave. It sounds to me that it will take a sharp attorney(s) who knows Maine's real estate statutes as well as the wording in the original "conveyance" written in the 1890's. Any addendums attached to the deed since then will be a determining factor, as well.
It will be interesting to see how this all works out.

Brent
Pharoslvr
"A smooth sea never made a skilled mariner" British Proverb

<img src="images/SmallOBLHSlogo.jpg">

1995 Charter Member
User avatar
Pharoslvr
Lighthouse God
 
Posts: 5234
Joined: Thu Oct 31, 2002 1:00 am
Location: Southern Virginia

Postby island » Thu Jan 27, 2005 5:05 am


Another news article about this issue containing more details:

http://pressherald.mainetoday.com/news/ ... ouse.shtml
island
Lt. Commissioner
 
Posts: 2035
Joined: Fri Dec 13, 2002 1:00 am


Return to New England Lighthouses

Who is online

Users browsing this forum: No registered users and 1 guest

cron