Open Nine Mile Road
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To reactivate Nine Mile Road road through district lot 11155, south of the village of Fruitvale, in electoral area A of Regional District of Kootenay Boundary (RDKB).
In May 2018 the owners of district lot 11155 dumped boulders and dirt on a public road without permission from the Ministry of Transportation and Infrastructure (MoTI), the RDKB, any users of the road including holders of statutory rights of way through the now deactivated road. The road is over a hundred years old and until now used by the public. The province spent money to maintain the entire road for decades and still pays to upkeep parts of it today. According to the Transportation Act, section 42. a road is a public highway when it is travelled by the public and public money was spent on it. Nine Mile Road is a public road.
This action greatly affects one of neighbours, a senior, who lives on Nine Mile Road just south of district lot 11155. Since 1980 he, and others, have travelled into Fruitvale by this road. His health and life are at serious risk. Emergency services cannot access his home or the other properties to the south including registered addresses 1500 and 1325 Nine Mile Road, the Seven Mile Substation, Seven Mile Dam, and other public roads south of the deactivated section. With winter approaching the risks increase and action is needed. Others are similarly affected.
We ask the honourable Claire Trevena, Minister of Transportation and Infrastructure, to, immediately:
• declare the entire length of Nine Mile Road is a highway in accordance with Transportation Act, section 42, and
• reopen Nine Mile Road through district lot 11155.
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