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Fate of Boonville Bridge Could Threaten Entire Trail
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Press Release: Boonville, Mo.
September 20, 2006
Attorney Dale Reesman commented on yesterday's positive ruling by the Court of Appeals on the lawsuit regarding the future of the MKT (Katy) Bridge in Boonville, Mo. "We are extremely pleased that the Court of Appeals has granted leave to the City and the other friends of the court,” said Reesman. Former DNR Directors G. Tracy Mehan III, Steven Mahfood, and Frederick Brunner together with Mrs. Edward T.(Pat) Jones, the donor of the funds to purchase and substantially complete the trail, and Raye Reynolds, former vice president and property manager for MKT who negotiated and signed the agreement, are all in support of the suit filed by Attorney General Jeremiah Nixon. " This is an important step in the appellate review and gives the Court the opportunity to hear from persons other than Union Pacific Railroad and current DNR Director Doyle Childers who are the parties in the lawsuit," Reesman said.
Paula Shannon, Chair of the Save the Katy Bridge Coalition, announced the Second Annual Save the Katy Bridge Festival to be held on Sunday, Oct 1, 2006 from 12-4 pm at 1st Street between Morgan & Spring Streets in Boonville, Mo. Shannon stated, “I am thrilled with the energy of our group to continue the effort to Save the Katy Bridge. This year’s event is greatly expanded due to increased interest and support coming forward to participate”, she added. “There is a wonderful list of musicians representing over 400 years of musical experience,” said Shannon. Historic Mitchell cars and wagons will be featured as well as tours of Boonville’s historic railroad district. Loads of children’s activities and a root beer garden with food and soft drinks makes this a “not to be missed Sunday afternoon celebration,” Shannon said. " The announcement about the lawsuit makes it the perfect time for a celebration of the Bridge and the efforts of the community and the state to save this unique structure," she added.
Past news stories:
- Judge rules against keeping bridge, 04/25/2006
- City of Boonville to file friend of court brief in Katy Bridge case, 03/29/2006
- MoBikeFed requests to file friend of court brief in Boonville Bridge case, 12/05/2005
- Environmental group joins Katy bridge suit, 11/23/2005
- First Katy Bridge Festival in Boonville, 10/05/2005 (and a few other interesting tidbits)
- Fourth judge assigned to Katy Bridge case, 09/06/2005
- Bridge group launches $1 million pledge drive, 08/20/2005
Great article: Misunderstood issues about the Katy Bridge at Boonville, which clearns up some of the misconceptions that have been thrown around.
This started off as an issue of whether the Katy Trail might make use of an historic old bridge in Boonville. But whether the Katy Trail uses the bridge or not is no longer the key issue. What's at issue is the fact that due to a legal technicality, giving this bridge to the railroad could jeopardize the entire Katy Trail.
First some background: If you've ridden the Katy Trail across the Missouri River in Boonville, you've undoubtedly noticed the unusual bridge just upstream. This is the old MKT railroad bridge, which is no longer used by the railroad - it's part of the former MKT rail line that is now the trail. When the trail was built in Boonville, it was routed up to the hwy 40 bridge to cross the Missouri River.
Business and civic leaders hope to renovate the bridge and incorporate it into the Katy Trail. But the railroad wants to dismantle the bridge.
Governor Blunt decided to let the railroad have the bridge. The problem is that once the railroad demolishes the bridge, the old railroad right-of-way will no longer be intact. This may nullify the legal basis for the entire Katy Trail, making it possible for adjoining landowners to claim portions of the trail as their property, and close those sections of the trail.
This article offers an excellent explanation of why this move literally threatens the entire Katy Trail.
Several organizations, lawyers, and civic leaders are actively working on this issue. Ron Kucera, a top administration official with a 28 year track record at the DNR, resigned from his position on May 6 in protest over the illegal disposal of a state property right. Missouri Attorney General Jay Nixon questioned why the state would willingly support a plan to relinquish - without just compensation - a valuable state asset. There is much dispute as to how the legal issues are interpreted.
Please call, write, or email Governor Blunt and ask him to reconsider his decision. Remind him that this could have a devastating effect on Missouri tourism, the many small businesses that rely on the Katy Trail, and the recreational options available to Missourians.
Missouri Attorney General Jay Nixon has filed suit against the Department of Natural Resources to prevent the State from giving the Boonville bridge to Union Pacific Railroad. The Department of Natural Resources responded by calling Nixon's move politically motivated. However, the DNR only talks about the issue in terms of whether the trail will run across the bridge, never mentioning the possible legal threat to the trail's existence. Politically motivated or not, this leaves one with the impression that Nixon is trying to protect the trail, while the DNR is unaware of or unconcerned with the possible legal implications.
For more information, the Boonville Daily News and the MO Bike Federation website are generally good sources for the latest details.
What could be: Check out this letter from Tennessee, with details of a very similar situation. In that case, the bridge was redeveloped and has become a major asset for the citizens of Chattanooga.
My original letter to Governor Blunt regarding the MKT Boonville Bridge.
Want to help? Please visit Save the Katy Bridge Coalition and make a pledge. No pledges will be collected until the bridge is saved and approved for pedestrian use development.
Useful/Related Resources
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Michael J Smith analyzed the legal aspects of landowner challenges to rail-trails in Missouri,
particularly regarding the Katy Trail.
Mr Smith, now an attorney, wrote the paper in the fall 0f 2005 for his Public Land Law class when he was still a law student.
The work and opinions are entirely his own.
The paper is in MS-Word format: Rails-to-trails: The Missouri Experience (just click CANCEL if your browser asks for authentication information).
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In October 2007, the Missouri Court of Appeals issued a ruling that says
the state does not have a property interest in the bridge.
Michael Smith again analyzed the situation in light of this ruling:
Boonville Bridge Analysis November 2007
The work and opinions are entirely his own.
- Save the Katy Bridge Coalition
- Boonville, Missouri information
- Save the Katy Bridge Coalition
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