Protecting public access to the waterfront

News Release

To protect long-term public access along the waterfront, City Council has authorized the City to begin the expropriation process on a portion of the waterfront boardwalk in front of Hotel Eldorado.

The boardwalk is an important waterfront connection between the Cook Road boat launch and Rotary Beach for residents and visitors. While the boardwalk is located on private property owned by Hotel Eldorado, public access is protected via a statutory right of way, which gives the public a legal right to use the boardwalk. The validity of this right has been confirmed by the Supreme Court of B.C. and the B.C. Court of Appeal.

Public access to this section of the waterfront has been limited at times over the past several years, despite the statutory right of way. After years of efforts to address access issues through all other reasonable means, the City has determined that expropriation is necessary to secure the future of this section of boardwalk.

Expropriation allows local governments to acquire property for a public purpose while ensuring the owner receives fair compensation through the legislated process. The City does not pursue expropriation lightly and has only taken this step after all other reasonable options were exhausted.

At this time, the intention to expropriate has only been authorized for the portion of the boardwalk fronting the Hotel Eldorado. The City is resolved to address boardwalk repairs in front of the Manteo and Eldorado hotels as necessary to support our legal public access rights along the waterfront.

Acquiring this section of the boardwalk will help preserve a continuous waterfront connection for residents and visitors for years to come.