George Bernard Shaw, Oriental and South Avenue

George Bernard Shaw, the Irish playwright and author, was seated next to an elegant lady at a dinner party. Engaging the lady in conversation, he asked her: "would you sleep with me for a million pounds?" A little taken aback, the lady thought for a moment and replied: "I might do."  Shaw continued the conversation, asking: "would you sleep with me for five pounds?" Huffing in indignation, the lady replied: "certainly not! What do you think I am?" The playwright responded: "madame, we have already established what you are - now we are haggling over the price."

The story came to mind as I reflected on the proposed exchange of two dedicated and accepted rights of way, including South Avenue, for a waterfront parcel of real estate 55 feet in width. Would I find the exchange more acceptable if the parcel were, say, 78 feet wide, which is the width of the riparian area of Raccoon Creek subtended by our present right of way. Or even 60 feet, which is the width on land of the existing right of way.

We should not haggle over the price, because there is a fundamental principal involved here. The Town of Oriental holds its streets in trust for the benefit of the public. The town is not the proprietor of the rights of way. It is well established that the town has no power to sell or barter its streets. While the town may vacate, close or abandon a street by formal action after a public hearing governed by statute, it nevertheless cannot vacate a street for the benefit of a purely private interest.

I have no problem with Mr. Fulcher's offer. Mr. Fulcher is not an elected official and is under no special obligation to defend or protect the public interest. From his point of view, the proposed contract appears logical.

The town's elected officials, on the other hand, do have an obligation to protect the interest of the public. Public rights of way are in a different category from any normal lots that the town may own, and which the Town Board is empowered by statute to buy, sell, lease, or deal with like any other person with a proprietary interest.

Rights of way are quite different.