By Linus Ghorse for The Highland Park Review 04/02/2025
LET FREEDOM RING
Selling a public boat launch typically involves a public auction or a competitive bidding process, with the highest bidder securing the property, and requires compliance with local, state, and federal regulations.
Here’s a more detailed breakdown of the process:
- Public Notice and Solicitation of Bids: The entity owning the boat launch (e.g., a local government, state agency, or federal agency) will publicly announce the sale, outlining the terms and conditions, including the property’s location, size, and any restrictions on use.
- Bidding Process: Potential buyers will submit bids, typically in sealed envelopes, to the designated authority.
- Evaluation of Bids: The authority will evaluate the bids based on the terms of the sale, and the highest bid may be accepted.
- Sale Agreement: Once a bidder is selected, a sale agreement will be drafted, outlining the terms of the sale, including the price, payment schedule, and any other conditions.
- Compliance with Regulations: The sale must comply with all applicable laws and regulations, including environmental regulations, zoning ordinances, and any other relevant requirements.
- Transfer of Ownership: Upon completion of the sale, the ownership of the boat launch will be transferred to the new owner.
Additional Considerations:
Community Input: Local communities should be consulted to ensure that the sale meets their needs and concerns.
Environmental Impact: Any potential environmental impacts of the sale should be assessed and addressed.
Public Access: The sale should ensure continued public access to the boat launch, unless there are compelling reasons to restrict access.
Editorial: The Ownership of Boat Launches and Public Access
MAWSS does not own the boat launches; these facilities are public easements, representing a public right of way and a state and taxpayer asset. The public, not MAWSS, owns the boat launches, which were created to ensure access to our shared waters. It is important to note that there has been no lawful transfer of land from the State of Alabama to the public utility MAWSS regarding the ownership of the boat launch. The Mobile Department of Revenue’s tax division has repeatedly indicated that concerning waterfront property in Mobile: “We are halting the sale because we don’t even know if we are allowed to sell this land.” This has occurred multiple times. It appears they might have offered the property for bid as a mere technicality, likely not expecting legitimate interest. When outside bids surfaced, the property was withdrawn or assigned an exorbitant sale price. So, where is the deed of sale for the launch at Big Creek Lake? Who was compensated for this sale? Transparency is vital, and we must question the narrative surrounding ownership. Did the sale of the boat launch adhere to due process? It seems unlikely, which is why many are left without closure on this matter. Who authorized the sale, and where is the documented legal process supporting it? It is also crucial to review the relevant state boating laws, which can be found [here](https://admincode.legislature.state.al.us/api/rule/220-3-.04#:~:text=(6)%20Persons%20using%20access%20areas,be%20removed%20by%20the%20fisherman). Furthermore, one must consider federal laws and the scope of authority they grant, along with how these laws integrate into our State Constitution. These regulations were established to protect citizens from such occurrences. Historically, these waters have always been navigable, not only since MAWSS impounded them. Under U.S. law, navigable waters will always retain that status as long as America exists. The boat launches were constructed after these waters were impounded. It is imperative to hold MAWSS, its individual commissioners, the board of directors, and municipal partners accountable for their actions. Engaging in misleading practices or “playing games” with public access is unacceptable. I urge everyone to examine the referenced laws and regulations, including the Code of Federal Regulations (CFRs), found [here](https://docs.rwu.edu/cgi/viewcontent.cgi?article=1092&context=law_ma_seagrant). We must advocate for our rightful access to the public resources that belong to all of us.