Jackson highway project sparks call for fair compensation

JEFFERSON CITY, Mo. -- The controversial redesign of Highway 34-72 in Jackson has prompted legislation that would require the state to consider loss of road access when compensating owners for land taken for highway projects.

Joe Bob Baker owns two businesses that would be affected by the Highway 34-72 project -- B & B Auto Salvage and B & B Marine Co.

"I would lose access to one completely and the other would be limited access -- no left turns," Baker said. "I really think that affects property values."

The State Highways and Transportation Commission last spring approved converting a 3.5-mile stretch of the route into a four-lane, divided expressway with limited points for making left turns.

City and county officials, along with affected business owners and residents, had lobbied for a five-lane road featuring a center turn lane. Missouri Department of Transportation officials rejected that option, citing safety concerns.

Business owners say the loss of easy access will cost them customers, who in some cases would be forced to drive up to a mile out of their way and double back to reach certain businesses.

Fair compensation

State Rep. Scott Lipke, R-Jackson, is sponsoring the bill, which would apply to all MoDOT projects that impact access. The measure's fiscal note estimates it would cost the state nothing.

"It's really just a question of fairly compensating people who have property taken for road improvements," Lipke said.

The House Transportation and Motor Vehicles Committee was scheduled to hear the bill Wednesday. However, all hearings were canceled as the full House remained in session to debate a bill on workers' compensation reform.

Baker and other Jackson residents who visited the Capitol to testify in favor of Lipke's bill were instead to meet with the committee's chairman to express their views. Most said they would be unable to appear at the rescheduled hearing next week.

MoDOT officials have said their plan for Highway 34-72 would directly affect 26 homes and six businesses while indirectly impacting another 104 homes and 27 businesses.

MoDOT spokesman Jeff Briggs downplayed the impact the proposed legislation would have on department policy.

"We have no position on it," Briggs said. "People's access to roads is something we already consider whenever we purchase land."

That is contrary to what Baker said a MoDOT appraiser told him two weeks ago.

"I asked him if they paid damages for loss of access, and he said no," Baker said.

Lipke said courts have previously ruled loss of access can be considered when MoDOT takes property, but he isn't confident the department always does so.

"In the negotiating process, I don't think it is being factored in," Lipke said. "This erases all doubt. If nothing else, it hits them upside the head and says you have to consider this when condemning property."

Real estate developer Ken Englehart said the project would harm plans he and his partner had to develop a parcel of commercial property.

"It probably will not be feasible if we do not have both right and left turn access off of Highway 34-72," said Englehart, adding that the loss of access would hurt the property's resale value.

Bill Schabbing, a veterinarian in Jackson for 23 years, said the project would require the removal of his office building.

"I have real concerns about replacement value," Schabbing said. "They really haven't given us any indication they are willing to do that."

The bill is HB 327.

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