Blue Lagoon
By Kimone Witter
The first hearing in the challenge in relation to access to the public road that leads to the Blue Lagoon in Portland, is scheduled to begin today in the Portland Parish Court.
The matter is being brought by Jamaica Beach Birthright Environmental Movement, JaBBEM and residents of the communities surrounding the Blue Lagoon against the Jamaica National Heritage Trust and the Portland Municipal Corporation as well as special interest beach front property owners.
According to the JaBBEM, communities surrounding the popular attraction have taken legal action to restore the public's access rights to the road that leads to the Blue Lagoon and beach under the Prescription Act of 1882.
The popular tourist attraction was closed for restructuring on August 29, last year and reopened on June 15.
JaBBEM says since then, the public has been required to take a new footpath over private land that restricts vehicular traffic.
The group noted that the Blue Hole Road is still blocked with barriers and private security guards, since August 29, without any lawful justification, consultation, due process, or notice, contrary to the rights of the public under the Prescription Act and the common law of custom.
JaBBEM says the legal action is to ask that the court recognises the absolute and indefeasible right of the public to use the Blue Lagoon, adjoining fishing beach, adjoining and adjacent lands, roads, tracks and pathways as a means of access.
It also wants the court to issue an order mandating the defendants to remove any and all obstructions to public access and to issue an injunction restraining the defendants from denying the public access to the lagoon and beach.
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