Deconstruction of the Rock Island Railroad continues in western Missouri, making way for a 144-mile trail that would join Kansas City and St. Louis.
About half of a 47-mile portion between the towns of Pleasant Hill and Windsor is gone, said Greg Harris, executive director of Rock Island Trail, Inc., a group of trail enthusiasts advocating for the project. Harris said the organization believes the Rock Island Trail will add onto the success of the Katy Trail and further attract people to Missouri's trail system.
"We saw something that is blighted and want to turn it into an asset," he said.
In September, Gov. Jay Nixon announced the 47-mile stretch of the Rock Island Trail would adjoin with the Katy Trail, the country's longest rail-to-trail conversion. The Katy Trail currently ends in Clinton, a town more than an hour south of Kansas City. He said the project would be complete by the end of 2016 and create 400 continuous miles of trail.
Nixon reaffirmed this commitment in his state of the state address last month, while touting a proposed $3 million increase to the state's tourism, but did not specifically name the Rock Island Trail.
"This year, we will extend the Katy Trail all the way across our state and expand our park system, giving folks even more reasons to enjoy the outdoors and spend money in the Show-Me State," Nixon said.
Landowners with property along the trail have raised opposition. When the Rock Island Railroad was developed in the early 1900s, landowners made private easement agreements. Once the railroad was extinguished, the easement agreements stated landowners would receive those portions of their property back.
However, Congress passed provisions to the National Trails System Act in 1983 that nullifies landowners' easement agreements and allows the railroad to become a trail. If the railroad was needed to run again, it could be converted back from the trail.
A 1990 Supreme Court decision gave landowners entitlement to compensation from the federal government for their land.
Missouri Central Railroad, a subsidiary of Ameren Electric, filed for abandonment and railbanking with the Surface Transportation Board. The Missouri Department of Natural Resources followed that by filing paperwork to signal its desire to obtain the land according to Missouri State Parks. Ameren hired A&K Railroad Materials, Inc., a Salt Lake City-based company, to salvage the train tracks.
Meghan Largent, an attorney with Arent Fox who specializes in eminent domain and property rights cases, is representing about 40 landowners along the 47-mile stretch and more than 400 with property along the remaining miles. She said while landowners are upset over the trail, the case itself is not anti-trail.
"We have a lot of clients who live out in the country for a reason," she said. "They like the seclusion and the solitude. They never in a million years thought they'd have a public park running through their property."
Her role is to ensure the landowners receive adequate compensation for their land that is likely to become the Rock Island Trail. The case is not a class action lawsuit, and each claim has been made to the federal government individually. Though paperwork has been sent, Largent said it's not too late for landowners to file claims.
The firm will hire an appraiser to assess properties. Landowners may also receive severance damages if the trail diminishes the property value, such as the trail cutting a piece of farmland in two sections, Largent said.
Her clients are frustrated, she said, not only over their lack of say in the trail, but also the little information they've received about its development. No entity, including the federal and state government, is legally obligated to give them notice about trail advancements, she said.
"I think the frustration is that it's the (landowners') property, but nobody has to tell them anything," Largent said. "The other frustration is this isn't what they bargained for."
Three state lawmakers are holding townhall meetings to hear concerns and provide information. The first took place in Owensville last month. Largent and representatives from the DNR and Missouri State Parks department were present to answer questions.
"We're trying to be open and let them know what's going on, versus hearing rumors," said Rep. Tom Hurst, R-Meta.
Sen. Mike Kehoe, R-Jefferson City, said the issue is one of the most emotional for his constituents.
"I will tell you that it's a 50-50 emotional (reaction)," he said. "Some people are so excited they'd like the trail to open up tomorrow and begin letting people access the trail in various communities up and down the railbed. There's obviously some landowners who are very concerned about a trail converted with public access where folks are walking across their land and the liability it could be."
At the moment, the state has no action to take on the project because it's still in Ameren's possession, said Rep. David Wood, R-Versailles. If the DNR takes ownership in the future, the Legislature could appropriate funds for its upkeep.
"We have to set our priorities and there will be things ahead of that, let me put it that way," he said. "When we're so far behind on funding for highways and bridges, to take money away from those to put in a bicycle trail, it's going to be a very difficult decision for us to make financially. Yes, we may want or like the trail, but we can't take away essential services for people in the state to do that project."
Harris said the Rock Island Trail organization is looking into grants and private donations, including sponsors for bridge repairs - some of which have not been inspected in 30 years. The communities along the Rock Island Trail, he said, will see the benefit.
"There's no doubt about the economic impact (of the trail)," he said.
Steph Deidrik, a spokesperson for Missouri State Parks, said it's too early to estimate the financial impact of the Rock Island Trail.
In 2012, an economic impact study of the Katy Trail found trail-related spending accounted for $18.5 million for the state and garnered more than 350 jobs with a $5.1 million payroll. Communities near the Katy Trail experienced $8.2 million in spending from trail users.
Upcoming townhall meetings will be from 6:30-7:30 p.m. Feb. 11 at the American Legion Hall in Freeburg, located at 310 South Missouri 63, and from 6:30-7:30 p.m. Feb. 25 at the Eldon High School cafeteria, located at 110 South Pine Street.