BILLBOARDS: OLIVER SAYS VETO OF BILL MAY COST STATE MILLIONS

Gov. Mel Carnahan's veto of a bill that would preserve right-of-way corridors for proposed transportation projects and prohibit billboards on some "scenic byways" could wind up costing the state millions of dollars, Cape Girardeau attorney John Oliver contends.

Oliver, who is a member of the Missouri Highway and Transportation Commission, said he is disappointed that Carnahan vetoed House Bill 485, which passed by wide margins in the House and Senate last spring.

"It is a good bill. It gives everyone advance notice of where highway corridors are planned and saves the state money in the long run because it does not have to pay for improvements that might be made after the corridor is designated," explained Oliver. "The veto of this bill cost citizens of the state multiple millions of dollars unnecessarily."

He added that the bill not only protects the state, but it also protects property owners because they know where highways are planned.

Another provision of the bill is that it allowed the highway commission to designate scenic highways and prevent the use of outdoor advertising along those byways.

The bill also authorized the commission to designate the proposed Route 465 in Taney and Stone counties around the Branson area as a scenic byway to limit use of billboards and other signs.

With the new law in place, Oliver points out the state would not have been liable to purchase scenic easements from landowners where the billboards could have been placed. But without it, the state now has to pay for those.

"Since we don't have this statute, our designation of a scenic byway does not trigger the automatic provisions of the Highway Beautification Act," said Oliver. "Now, new expensive easements will have to be bought."

But in his veto message, Carnahan said the bill limits to five percent the total byway mileage of interstate and primary highways that may be included in the state system of scenic byways. "This restriction unnecessarily limits our ability to protect other scenic byways in the state," said Carnahan.

But Oliver argues that it is highly unlikely the 5 percent level would ever be reached and that modifying legislation could have been sponsored next year.

Carnahan also suggested the Highway and Transportation Department needs to first have a task force complete its work on establishing criteria and standards for scenic byways designations.

Said Carnahan: "The National Scenic Byways Committee appointed by the president of the United States strongly recommends that commercial and industrial areas not be excluded from scenic byway designation as provided in this bill."

Oliver argues that it is unlikely a scenic highway designation can be used to get rid of existing billboards.

"When you designate a scenic highway, it changes the rules. You can only do it going in. I don't think you can take an existing road and make it illegal, when it was legal when it was done," said Oliver. "But you can certainly take new roads, and then designate them to prevent the proliferation of billboards."

Oliver said the bill also provided for the highway commission to file a copy of a highway corridor map for any corridors that have been approved. Prior to the designation of a corridor, a public hearing was required.

By designating corridors, Oliver said that developers and landowners will know where highways are planned and can plan their developments accordingly.

For example, Oliver pointed out that the state's 15-year plan for highways has major improvements planned along Highways 25, 34, and 72 and those routes should clearly be designated.

"It is fundamentally unfair for people who live in that area not to have some feeling of confidence about what will happen in that area," said Oliver.

The bill also allows the highway department to buy land they will need for future highway development well in advance of the planned development to ease hardships on property owners.

In his veto message, Carnahan said he is concerned the bill does not insure adequate coordination and cooperation between local planning jurisdictions and the highway commission on land use decisions.

Oliver said he is hoping lawmakers will attempt a veto override in September.

But House Majority Whip Larry Thomason, D-Kennett, said that is highly unlikely and that the legislature can put the bill into a form that addresses the governor's concerns next year.

"A veto override has not been done in a long time and I don't think we are in position to do it now, nor do I think it is wise," said Thomason. "The right thing to do is bring the bill back, address those concerns, and pass it in a form that allows it to be signed."