Cape Breton property owners fed up with fees from abandoned railway

BIG BEACH, N.S. -

Mike Johnson owns what he calls one of the biggest solar-powered homes on Cape Breton Island, along Highway 223 in Big Beach, N.S. – a rural community along the Bras d'Or Lake.

The main reason it’s solar-powered is the abandoned railroad tracks that cross his property.

"We have this place because we refuse to pay the exorbitant fees to the railway,” Johnson said.

To access Johnson's property along the lake, you have to cross the tracks.

To get simple utilities like power and internet, he and dozens of other homeowners in the area have had to pay fees in the tens of thousands of dollars.

"It was a matter of principle,” Johnson said. “We could have afforded to pay the fees, but I'd rather put more money into a long-term investment like solar, and as a matter of principle not pay those fees."

Ken Jardine once headed up a homeowners group that fought the issue.

After years of what he calls inaction and broken promises by successive governments, he gave up the fight.

"I got a headache from hitting my head against a brick wall that's called 'elected politicians'," Jardine said.

However, Jardine adds that a meeting with Premier Tim Houston, back when he was in opposition, gave him some new hope.

"He committed to getting rid of the user fees,” Jardine said. “Now, [Houston] has only been in, what, a year-ish? And he also had COVID to deal with when he came in there, so I realize he has other fish to fry. But it's been long enough now."

Trains haven't run on the tracks for nearly seven years. The area’s municipally-elected official is calling on provincial counterparts to do something.

"It's a rail line that nobody uses, and in my opinion will never be used,” said CBRM councillor Cyril MacDonald.

"I think it's time for the province to take a stance on this, and start holding the rail accountable and stop charging residents these crazy fees."

Nova Scotia Power (NSP) explained some of their role in an emailed statement to CTV Atlantic.

Jacqueline Foster, a senior communications advisor for NSP, wrote in part that “when a customer requests service that involves running our power lines across a railway, there are certain requirements under the National Transportation Act that must be met, and written consent from the railway owner is also required.”

“There are fees associated with all of this work... each of these costs would vary by project, depending on the size or work required.”

The owner of the rail line, Genesee & Wyoming, says fees to run utilities across their right of way are assessed on a case-by-case basis.

Back at his home in rural Cape Breton, Mike Johnson is tired of feeling like he’s quite literally on the wrong side of the tracks.

"The tracks will never get used again,” Johnson opined. “And they would be much more economically beneficial as part of the Trans-Canada Trail."