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OLD LYME — A seasoned land use attorney in the region told CT Examiner that if members of the public want Tantummaheag Landing to retain public access, then they must take timely action in court and not rely on the town’s actions.
“This is a moment in time where the question has been called for the public to do something or not,” said the attorney.
After more than three years of controversy, the town announced a tentative agreement yesterday with George Frampton and Carla D’Arista, owners of 12 and 19 Tantummaheag Road, that would keep the dirt road and landing on the Connecticut River open to pedestrians during limited hours, but would ban vehicular access.
The attorney called the agreement a “cheap and easy way of dodging controversy” for the town, and that in terms of legal action, it’s still possible the town is “kicking the can down the road.”
The public could have a “prescriptive right” to the property, depending on how long they’ve been using it and under what conditions, the attorney said.
But in terms of legal action, the public would need to file a “quiet title” action on the property and go to court to claim adverse possession.
The public can enforce adverse possession in court – but only if they act within 15 years, according to the attorney who spoke with CT Examiner.
If the public does not file within 15 years, access could be lost because Frampton and D’Arista have planted shrubs in the former parking area and blocked the public’s right to vehicular access.
“If they don’t act within 15 years, they’ll lose [because] the other party will have foreclosed their right to claim it,” said the attorney.
The attorney said that towns use eminent domain to take property, not adverse possession, through a legal process that involves compensating property owners.
“It’s possibly unconstitutional for a municipality to [use adverse possession] because we have a constitutional right for government not to deprive someone of their property without due process and compensation,” the legal expert said.
The attorney said filing suit would require a dedicated party who “really values [the property] to spend the money” because it will cost $15,000-$20,000 to file the suit and if it is contested, the cost could climb to $30,000 to $50,000.