Legal Technicalities and Public Ethics

This morning's Standard-Examiner Letters to the Editor section is a virtual cornicopia of material for gentle readers who are gleefully following the ongoing Peterson/Godfrey Mt. Ogden Park Land-grab saga. Notwithstanding the facts that (1) Chris Peterson is yet to put a firm offer on the table, and that (2) Mr. Peterson's so-called proposal has not yet expanded beyond "glittering generalities," the Godfrey/Peterson "welfare for the rich" scheme has nevertheless successfully set the townsfolks' tongues and keyboards all a'twitter, in a manner not observed within living memory.

Deprived readers in outlying provinces who do not have access a hard-copy version of this morning's Standard-Examiner can find all the latest rantings here, here, here here, here and here.

Actually, some of this material is very good. For those who sometimes accuse the local townsfolk of being apathetic or dull-witted, today's expanded Std-Ex letters section should easily put that accusation to rest.

For the purpose of getting today's discussion going however, we are singling out this Jeanette Ballantyne letter, which discusses a thorny issue we've been pondering lately:

We have no right to 'confiscate' Trails

As someone who has more than a passing acquaintance with the American Law of Real Property, your always-humble blogmeister will venture the opinion that advocates of the view that the general public has an enforcible public easement burdening the privately-owned property east of Mt. Ogden Park have a very solid case.

The pertinent question though, involves the ethics and morality of asserting such a percipient right. Ms. Ballantyne gets a WCF "tip of the hat" for illuminating this thorny issue.

And what say our gentle readers? Should members of the Ogden body politic actively assert their possible prescriptive rights ? Is it OK to do so, because it may be "technically lawful?"

The floor is now open, gentle readers. Let us hear your always wise opinions on this.

You need not feel hemmed in by this issue, by the way. Please feel free to comment on any of the above-cited letters.

Who will be the first to comment?