In response to suggestions that we have done little or nothing to obtain beach access for the Harpswell public to Cedar/Robinhood Beach on Bailey Island, the Harpswell Board of Selectmen issues this summary of its activities over the past threeyear period to obtain such access.

In 2010, the owners of the road to the beach approached selectmen indicating an interest in selling a public access easement to both road and beach to the town.

The owners, who were putting their property on the market, asked for $950,000 for the easement, based on an appraisal suggesting that the property would lose that much in market value if the public had access to the beach. Selectmen had another appraisal done, which estimated the potential loss of market value at $220,000.

There were further negotiations but the owners did not lower the asking price and selectmen put an article on the 2011 Town Meeting warrant, asking “what sum” the town was willing to pay for the access to both road and beach?

The article listed the asking price. After debate, the amount was set at $220,000 by the voters.

Several civic and civicminded groups stepped in at that point in an effort to supplement the funds authorized by the town and reach an agreement with the owners. These efforts were unsuccessful.

Months later, what was to become the Cedar Beach/Cedar Islands Supporters was organized and in time, it launched a lawsuit against the road owners in October 2012. Mediation led to a time-limited agreement between the parties for a public access easement to the road, and in 2013 selectmen again put an article in the warrant, authorizing up to $220,000, the originallyapproved sum, to obtain public access to both road and beach, as either one without the other would serve no purpose.

Before the town releases any funds for an easement to the road, the town must also have secured an easement for access to the beach.

CBCIS sought to negotiate an agreement, with different owners, for beach access, but the terms and conditions on which the easement would hinge were too onerous for either CBCIS or selectmen to approve.

Throughout this period, selectmen held numerous executive session meetings with CBCIS officials, seeking to coordinate efforts to gain access. When CBCIS seemed stymied, selectmen approached the beachfront owners and sought to work out a reasonable set of terms. Telephone conferencing with owners and attorneys were unsuccessful and selectmen asked for a face-to-face meeting when the owners came to Harpswell. This was agreed to but never worked out as the owners remained in town only a few days.

CBCIS has now instituted a lawsuit against these owners, based on language in their deed reserving an easement for “the benefit of the Inhabitants of the Town of Harpswell.” Selectmen have made no judgment as to the ultimate success of the lawsuit. Some feel it is a strong case. Others, including the town’s attorney, question the wisdom of the town engaging in an open-ended lawsuit.

One thing is certain: If the town joined such a suit, there would be no guarantee of success and no feasible way to control the legal costs incurred. Note that CBCIS told its members it needed to raise $100,000 before it could start the suit.

The only comparable Maine case of which the selectmen are aware is that of Goose Rocks Beach in Kennebunkport.

In that case, the town of Kennebunkport was sued and went into court to defend its two miles of beach.

The town won initially and the case is now on appeal. It is reliably reported that about $850,000 has been spent by the town of Kennebunkport to date to defend its position.

The Harpswell Board of Selectmen has reservations as to whether, under these circumstances, the citizens of Harpswell want to risk the unknown and unknowable costs and outcome.

ELINOR MULTER, ALISON HAWKES and RICHARD DANIEL are members of the Harpswell Board of Selectmen.