N.S. government, railway company settle lengthy legal battle over Hantsport aboiteau

The resolution of a longstanding court dispute over the responsibility for an aboiteau in Hantsport, Nova Scotia, has brought relief to the American owner of the Windsor and Hantsport Railway Company, Bob Schmidt. Schmidt, who has contended that the Halfway River aboiteau falls under the province’s jurisdiction and not his company’s, expressed satisfaction with the recent settlement reached between the two parties on October 24. As part of the agreement, the province agreed to cover $8,000 in costs for Schmidt’s company.

The aboiteau, a structure that regulates the flow of water between the Halfway River and the Bay of Fundy, had deteriorated over time and eventually collapsed in the fall of 2017. This led to flooding in basements, raising concerns about the impact on a nearby bridge, a local ball field, and a cemetery. The province intervened in January 2018 by issuing a directive to the railway company to repair the aboiteau. Subsequently, the government replaced the structure in 2019 at an estimated cost of $4 million.

Schmidt’s legal team argued that since the aboiteau is situated within the bed of the Halfway River, which is owned by the province, the responsibility for maintenance and repairs should fall on the government. With the dispute now settled, Abraham Zebian, mayor of the West Hants Regional Municipality, anticipates that the province will assume ongoing responsibility for the aboiteau to prevent future flooding incidents.

Looking ahead, Zebian expressed interest in the province potentially acquiring the section of rail for recreational purposes. The railway line, which was formerly used to transport gypsum from a plant near Windsor to Hantsport, ceased operations in 2011. Despite this, Schmidt remains optimistic about the potential revival of the rail line for gypsum transportation if the plant were to reopen. He highlighted previous successful collaborations with other municipalities for similar rail conversions, indicating the possibility of future partnerships for utilizing the rail infrastructure.

As the community looks towards the future, the resolution of the aboiteau dispute marks a significant step towards ensuring the safety and stability of the area’s waterways and infrastructure. With a collaborative effort between the railway company, the province, and local municipalities, there is optimism for the potential revitalization and repurposing of the rail line for the benefit of the community.