Sharon
At roughly 10 acres, the land in question occupies the space between the south bank of the White River and River Road, near the intersection with Broad Brook Road. For many years, it belonged to the Rikert family
Now town leaders and conservation organizations are hoping to keep the parcel open for residents to fish, paddle and swim.
The Vermont River Conservancy purchased the property from the Rikerts for about $43,000. Under the deal being contemplated, ownership of the land could be transferred to the town, but it would be managed by that conservation organization and others.
People have used the spot informally for some time, but under the town’s ownership, the site would be officially open and available to more than the few individuals who were already aware of it, said Mary Russ, executive director of the White River Partnership.
“When the project is done, we’ll work with the town and whoever is stewarding the site to put (in) a trail,” Russ said, as well as “a sign that talks about responsible usage and who to talk to for questions.”
The Selectboard, however, twice has postponed a vote on accepting the parcel at recent meetings. The board wanted to seek legal opinions to address concerns from Chairman Kevin Blakeman about potential liability for the town.
In an interview on Thursday afternoon, Blakeman said he was concerned about liability for “all kinds of things — slips and falls; what somebody should expect and what they should not. What’s a hazard, and what’s not?”
“I don’t know that you can sign off that you won’t get sued and you won’t sue somebody, or whatever,” he said.
An opinion from the town attorney delivered earlier this month found that although the legal precedent for injuries on municipal property is mixed.
“ … The Town is reasonably well protected from any possible liability for injury occurring on the property, provided the Town does not create any dangerous situations or disregard any known dangers on the property,” wrote attorney Ryan Kane of Tarrant, Gillies & Richardson.
At the end of the letter, Kane suggested that it might not make sense for the town to accept property it wasn’t going to maintain.
“Apart from any liability issues and as a practical question, it is not clear why (Vermont River Conservancy) wishes to cede title to this property to the Town,” Kane wrote. “If VRC is going to be responsible for all work in overseeing, maintaining, and managing the property why not continue to own the property?”
Steve Libby, executive director of the Vermont River Conservancy, said the transfer was meant in part to encourage Sharon residents to get involved with the property.
“In our experience we have found that town residents take a much more active, committed and productive role in stewarding community assets such as the Rikert property when ownership is held by the town,” Libby said in an email last month.
Blakeman said that after a Selectboard meeting on Monday night, municipal officials also were looking into what insurance costs the town might incur.
Sharon officials are not alone in being wary about potential liability in taking over ownership of recreational property, Russ said. Just recently, the town of Royalton also was contemplating accepting a land gift on the White River and ended up figuring out that their insurance would cover use of the site, known as Pinch Rock.
Selectwoman Mary Gavin said on Thursday that residents were looking forward to the town’s taking over the parcel.
“This project has a lot of support for it within the community,” she said. “The White River is an asset within our town, and it would be great to have an access point near what we call the ‘back side’ of the river.”
The Selectboard is scheduled to address the property donation again on Jan. 9.
Rob Wolfe can be reached at rwolfe@vnews.com or 603-727-3242.
