Nixon joins fight to save historic Boonville bridge

BOONVILLE, Mo. -- Missouri Attorney General Jay Nixon on Wednesday said he will use the full legal power of the state to preserve a historic Missouri River railroad bridge for future use as part of the Katy Trail.

Union Pacific Railroad wants to remove the 73-year-old structure, which it owns, and has received tentative permission to do so from Republican Gov. Matt Blunt's office and the Department of Natural Resources. However, Nixon said the state has a legal stake in the matter under a 1987 contract that converted the old MKT rail line into a 225-mile long recreational trail. Nixon, a Democrat, said the state retains usage rights to the Boonville bridge under that agreement.

"I'm concerned that they would want to walk away from this potential development, and we are reviewing the broad range of legal options that will provide the tools necessary to thwart that policy decision," Nixon said.

Department of Natural Resources director Doyle Childers said the agency's decision is legally sound and that the 1987 contract requires only that a right-of-way for the bridge be preserved, not the bridge itself. Although the deal with Union Pacific allowing the bridge's removal hasn't been finalized, he expects it will be soon.

"Enough lawyers looked at it to probably start a new bar association," Childers said. "I am fully confident it was examined by competent legal people."

However, Nixon said Blunt administration officials exceeded their authority in agreeing to cede the bridge back to Union Pacific, which wants to dismantle the structure this summer. It plans to incorporate a portion of the bridge into a new span over the Osage River and sell the rest as scrap. Nixon didn't specify what legal course he will purse but intends to move soon.

"It is our full expectation and intent that before any blowtorches are lit, court action will ensure," Nixon said.

After meeting with Boonville officials on Wednesday, Nixon briefly toured the bridge, which he called "a unique asset for the state."

Late in the administration of Blunt's Democratic predecessor, then-DNR director Stephen Mahfood informed Union Pacific of the state's intent to exercise its control over the bridge, Childers said. After Childers took over the agency in January, he decided to reverse that decision.

Since a pedestrian walkway on a highway bridge just to the east of the rail span currently allows Katy Trial users to cross the Missouri River, Childers said spending the estimated $3 million to $5 million needed to refurbish the latter would be an unnecessary use of taxpayer money.

"We only have so much money, so it doesn't make sense to pay for a second trail route over the bridge when there is a perfectly good one there," Childers said.

Although the bridge is a landmark beloved by Boonville residents, Paula Shannon, who heads the Save the Katy Trail Bridge Committee, said support for preserving it isn't limited to the small central Missouri town. Shannon said she's received letters of support from people throughout the state, nation and elsewhere, including one person from Finland who pledged to contribute toward restoration efforts.

Although it is difficult securing firm financial commitments while the bridge's future is in doubt, Shannon said doing so will be easy if the situation is resolved in the town's favor.

"All of our energy has gone to save the bridge," Shannon said. "As soon as we know we can have this bridge, the money is there and we're going to start acting on it."

The Katy Trail runs nearly the entire width of the state from St. Charles to Clinton. It was created as part of a national "rails to trails" initiative. By converting former train routes for recreational use, the intent was to preserve rights-of-way should the national interest ever necessitate that they again be used as rail lines.

mpowers@semissourian.com

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