THE PUBLIC MIND: COMPANY DOESN'T HAVE A RIGHT TO BLOCK ACCESS TO THE RIVER

To the Editor:

The stretch of the Mississippi river shore, known locally in the Scott City, Mo., area as the "Gray's Point Sand Bar," has long been used by the general public for recreation. The sand bar provides a low-water beach, up to 800 feet wide and more than one-half mile long, during much of the year. This stretch of low-water beach is the only area along the river for many miles that is both suitable for recreation and accessible to the public. The sand bar is (was) heavily used by the general public for fishing, picnicking, rock collecting, A.T.V. riding and for just walking barefoot in the sand along the river. The sand bar and its access road have both been in general use by the public for 50 years in my memory, and I expect for much longer than that. In recent years a stone quarry has operated behind a fenced-in area north of the sand bar access road.

On June 29, 1992, I arrived at the Gray's Point sand bar public access road and found it blocked with a high ridge of stone. In addition, a no trespassing sign had been placed on the barricade. A guard at the quarry gate (about 25 feet north of the barricade) told me that the barricade and sign had been put in place by the new quarry operators, "Tower Rock Stone" on June 26, 1992. As the barricade effectively blocked only vehicular traffic, I suggested that I walk around it and proceed to the river on foot. The guard told me that I would be prosecuted if I walked around the barricade.

"Tower Rock Stone" does not own our river. "Tower Rock Stone" can't legally block a long standing and heavily used public access road to our river. Our elected public officials must not allow this blatant grab of a public resource by a private company to stand. "Tower Rock Stone" must be required to remove the barricade and restore the public access road immediately. A stiff fine might discourage similar high-handed actions in the future.

The ocean beaches around the U.S.A. and the rivers throughout the U.S.A. all belong to the American public. Over the years we have largely lost our free access to those rivers and beaches. Private interests have cordoned them off, and, in effect, converted them to their own private usage. This large scale raid on our birthright has been aided by the inaction, ineptness and often outright collusion of our elected public officials. If our elected public officials, at all levels, can't or won't champion the public interest, they deserve to lose their positions at the public trough.

LEGAL ARGUMENTS

1. ACCESS ROAD

Missouri law, as per 1.010, conforms to "English Common Law," unless otherwise stated. Common law provides for the establishment of public roads across private property by long term public usage

2. SAND BAR

The sand bar is under water for most of the year. I don't think that the quarry owners are paying taxes on that 40 acres at the bottom of the river. If they haven't been paying taxes on it, they have no claim to it as private property and can not convert it to their private use.

Jack B. Darby

Scott City