FAMILY CAN'T BRIDGE DISPUTE WITH COUNTY

KELSO -- More than eight months after a bridge washed out, a Kelso area family remains "homeless."

While not "homeless" in a literal sense, the Robert Ressel family has been unable to reach its home by car.

As a result, the family has been living at Ressel's mother's home in Kelso. They regularly make the journey to their cut-off home, crossing Ramsey Creek on foot.

On Dec. 21, flood waters washed away one end of the wooden bridge over Ramsey Creek, blocking access from a gravel road that served as the only access to the house and 42 acres of property. The property is situated between Old Highway 61 on the west and Interstate 55 on the east.

The Ressels had hoped that the Scott County Commission would agree to build a new bridge over the creek. That hasn't happened.

In June, the Ressels and about 70 of their Kelso area neighbors packed the Scott County Commission chambers at the courthouse in Benton to demand that a new bridge be built.

Commissioner Joe Spalding made a motion that the county build a new bridge. But the other two commissioners Presiding Commissioner Durward Dover and Commissioner Lynn Ingram rejected the idea.

The Ressels have vowed to go to court in an effort to force the county to replace the washed-out bridge.

But no lawsuit has been filed.

The Ressels have hired Cape Girardeau attorney Larry Ferrell, who said recently that he is researching the issue.

Robert Ressel's wife, Betty, said Thursday that the situation is frustrating.

"We're just living day by day right now," she said. "We're just hoping and praying that something will happen."

Betty Ressel said she doubts the situation will be resolved by the end of the year.

Dover said Thursday that he believes it would be wrong for the county to replace the bridge.

The Ressels have argued that the bridge is on a county road and should be maintained by the county. But Dover said the county has only marginally maintained the road. He said he views it more as a private road. "I don't think it's a county road at all," he stated.

Prosecuting Attorney David Dolan has said it's up to the county commission as to whether to replace the bridge.

"We have the option," said Dover, "but we would certainly open ourselves up to criticism from all over the county. Why use taxpayers' money to do that for an individual family on a private road?"

Said Dover, "We have the option of going across the street and robbing a bank, but we are not going to do that. We have an option of doing a lot of things, but in some cases it would be poor judgment."

A part of the controversy centers on condemnation proceedings that occurred when the state acquired land for Interstate 55 in the early 1960s.

At one time the property was a part of the Emil Sprenger farm. As a result of condemnation proceedings, the state paid Sprenger $17,500.

Dover said the state paid Sprenger for his farm, which included the bridge.

"This was clearly bought and paid for by the state, and returned to the private owner," he said.

But Robert Ressel has argued that the condemnation settlement only involved the land and not the road and bridge.

Dover said the Ressels should have been aware of the condemnation proceedings when they purchased the land in 1977. "I think they must have known the situation when they bought it."

He added, "The information is on record. Everything that the prosecutor had was very available to them. Nothing was concealed from them, if they wanted to look for it."

Dover said the commission has a legal right not to replace the bridge. He cited a 1976 Missouri Supreme Court case in which the court ruled that a drainage district was under no obligation to maintain a bridge after 20 years and, as a result, was not required to replace a collapsed bridge.

The presiding commissioner said replacing the northern Scott County bridge would be expensive, costing in the range of $50,000.

Dover said any new span built by the county would have to meet state specifications. In addition, he said, the Ressels want the bridge to be able to carry heavy combines. The Ressels had been renting out much of their land for farming.

He said the Ressels could choose to pay for a new bridge. Such a privately built bridge would not have to meet state requirements, he pointed out.

Dover said he sympathizes with the Ressels' predicament. But he said, "You can't confuse sympathy with facts and logic."