Stoddard County seat gains designation as scenic byway

~ Some worry about government intrusion on property rights.

BLOOMFIELD, Mo. -- After several years of failed attempts, the county seat of Stoddard County in February gained its designation as a Missouri Scenic Byway. But even though the designation has been approved, the idea is still meeting opposition from some local residents who worry about government intrusion in property rights. That worry has even convinced a state senator to try to change the Missouri Department of Transportation's powers over state roads designated as scenic byways.

Bloomfield's history with the scenic byway designation goes back many years. In 2000, Stoddard County, along with Scott and Dunklin counties, tried to join together to create one long scenic route. A 14-mile section of state Highway 25 in Dunklin County went through the process and became the Crowley Ridge Parkway, but concerns about government power over private property killed the project in the other two counties.

Leading the opposition

Former Stoddard County commissioner Jerry Elder of Bloomfield helped lead the opposition to that plan. Elder, who also owns a restaurant along the stretch of the newly designated Bloomfield Stars and Stripes Byway, thinks the state-administered byway program gives government too much power over individual property rights.

He would prefer to see a private-sector initiative where individuals in the community band together to improve routes and historical attractions through their town and directly attacks the local scenic byway committee charged with administering the route.

"I think it does have the potential for a positive economic impact," Elder said. "But I'm concerned, and I think everyone ought to be concerned about the highway department and the local scenic byway committee."

He said he's more concerned about the committee, which does the nuts and bolts management of the byway. "When they come up with things they want to do they have all the power of the highway department behind them."

Elder refers to the power of MoDOT to acquire property along state roads either through eminent domain or condemnation.

Federal program

The scenic byway program is a federal program implemented in 1991 and administered by the states. Scenic byways are routes with significant historical or cultural resources where motorists can leave hectic commuter routes behind.

Two levels of designation exist -- state and federal. The Bloomfield byway is only recognized at the state level, but that recognition allows the byway committee to apply for federal funds to assist with improvements along the byway. One of the major projects the Bloomfield byway committee hopes to tackle is restoration of the pre-Civil War Miller house.

As with any other state roadways, MoDOT has the power to purchase or condemn any property adjacent to a state roadway under eminent domain, said Scott Taylor, a field liaison officer with MoDOT's scenic byways program. Under scenic byways the power is no different. The only difference, said Taylor, is the rules governing regulation of signs with scenic byways.

Elder and others would like to see MoDOT's eminent domain power removed from the scenic byways program. State Sen. Rob Mayer, R-Dexter, introduced legislation to change MoDOT's power over scenic routes.

Elder and Mayer say MoDOT's powers are enhanced with regard to scenic byways, since the agency can regulate the appearance of properties within view of the route.

While questioning the benefit of a scenic byway designation, Mayer says, "I'm not opposed to scenic byways. What I'm opposed to is the weakening of personal property rights for property owners."

Taylor said MoDOT has power to regulate the appearance of properties whether a route is designated a scenic byway or not. But he said MoDOT has never used that power in regard to scenic byways.

Donna Gard, Bloomfield mayor and a member of the scenic byway committee, said the committee has no plans to interfere with personal property along the route. "You've got to trust somebody somewhere, and if you don't trust them, vote them out," Gard said.

Attracting tourists

Gard and the other committee members see the scenic byway designation as a way to attract more tourists to the area's historic sites, such as the Stars and Stripes Museum and Library, the Missouri State Veterans Cemetery, the town's Civil War Memorial Cemetery and the Miller house.

If Mayer's legislation passed, it could jeopardize the state's scenic byway program by not following federal guidelines.

The bill was killed in the Senate Transportation Committee, but Mayer said he'll try to include it in another bill for passage later in the session.

For now, Bloomfield's scenic byway designation stands. Whether there will be an economic impact and how long that impact will take to show up remain to be seen.

The chairman of the Crowley Ridge Parkway Committee, Dunklin County Clerk Charles Isbell, said no disputes between the committee and property owners have occurred in the five-plus years since the scenic byway designation was received there. He also said no real economic impact has been seen.

"I don't think you'll notice for a while," he said.

msanders@semissourian.com

335-6611, extension 182