FLL,
Some of the shorefront is owned by SDS and the rest is owned by fed DOT and leased to SDS.
WBB,
I think they are considering this a project that was in the planning stages, therefore underway, when the July 1st date activated the new CSPA rules. However, that is a great question! I would guess a private landowner would have a hard time doing this.
I personally like the concept of the WOW trail and I have made a few contributions to the cause, but the questions being raised are great questions that I do not have answers for.
We almost bought at SDS/Long Bay several years ago, but during our "due diligence" phase, our lawyer warned us about the potential for water access issues in the future. His opinion was the shorefront leases were at risk of being discontinued and that the right-of-way across the tracks may also be lost, in time. That impacted our buying at SDS/Long Bay. Personally, I really liked it there, but if the access and docking was lost, it would no longer work for us.
For me, replacing the train with the WOW trail, without a fence and without the access restrictions, is better than having the train, the fence and and the WOW trail. That train makes a lot of noise! Since the state owns the rail bed and the DOT owns some of the waterfront and is insisting on the 5' fence, perhaps they can join in the discussions along with WOW and SDS and get this project moving.
R2B
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