FLOOD RETENTION BASIN MIRED IN COURTS

Construction of a flood-control retention basin has been dammed up by problems in securing the 157 acres needed for the project, Cape Girardeau city officials said Monday.

Officials said the retention basin would have lessened the problem of flash flooding Friday along Cape LaCroix Creek.

But court battles over securing the needed land to the north of the city in the Cape LaCroix watershed has held up the project, officials said.

Mayor Al Spradling III said it could be 1999 before construction begins.

The retention basin is part of a $48 million Army Corps of Engineers' flood-control project designed to prevent flooding along Cape LaCroix Creek and Walker Branch.

The federal government is paying 75 percent of the cost and the city 25 percent.

The city's share includes acquiring the land for the retention basin. The area is largely farmland.

A dam would be constructed at the site, northwest of Route W. A pipe in the dam would control the flow of water into Cape LaCroix Creek during periods of high water. The reservoir would be dry at other times.

The overall project began in 1990. Channel improvements have been made to sections of Cape LaCroix Creek and Walker Branch.

Initially, city officials had hoped to start construction of the retention basin by 1995. But some of the affected property owners have opposed the project in the courts.

In April 1992, a judge ruled the city didn't have the legal authority to condemn land outside the city limits.

But a year later, the Missouri Court of Appeals Eastern District overturned the ruling.

In August 1995, a judge threw out a condemnation lawsuit brought by the city.

Judge Michael Bullerdieck of Perryville ruled the city hadn't made valid offers for the land and didn't make a good-faith offer for a tract of land belonging to the owners of the Route W Mobile Home Park.

In the aftermath of that ruling, the city decided it would seek easements from the owners of the mobile home park and make new offers to buy the other tracts needed for the project.

The city hired Dockins Valuation Co. last year to make new appraisals of the properties.

"We felt it was appropriate to have the properties reappraised," said Ken Eftink, the city's development services coordinator.

Eftink said the city hopes to begin making new offers to the property owners this summer.

The city already has bought about 40 acres. But the remaining 100-plus acres involves about five tracts of land.

Spradling, who is a lawyer, said the city likely would have to condemn the land. It could be next summer before any condemnation proceedings go to trial, he said.

Eftink said he didn't know how much money the city has spent so far in trying to acquire the land for the retention basin. But he said the city expects to spend another $1.73 million over five years for its share of channel improvements and work on the retention reservoir.

Spradling said the city has done its best to move ahead with the retention-basin project. "It has been a trying effort, but we have done everything we can," he said.