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Attorney General appeals Boonville MKT Bridge ruling
posted by Brent Hugh at 4/28/2006 05:54:00 PM
According to a Kansas City Star article:
Attorney General Jay Nixon has appealed a judge's decision that found that the state has no property right to an old railroad bridge.

Earlier this week, a judge ruled for Gov. Matt Blunt's administration in a dispute with Nixon. Nixon sued the Department of Natural Resources last year over its decision to give up the state's interest in using the old bridge as part of the Katy Trail State Park. Union Pacific Railroad Co. wants to dismantle the bridge and use the steel elsewhere.

A 1987 purchase agreement for old Missouri-Kansas-Texas Railroad line allowed DNR to eventually use the Missouri River bridge as part of the bicycle and pedestrian trail - so long as DNR assumed liability for the bridge on terms acceptable to the railroad.
The attorney general sued to prevent the state from giving away its rights in the Boonville Bridge, which is part of the Katy Railroad corridor, most of which is now used for the Katy Trail.

Trail advocacy groups, including the Missouri Bicycle Federation, are concerned that removing the bridge may affect the legal status of a long section of the Katy Trail, approximately 160 miles east of the Boonville river crossing.

Previous story: Judge rules against attorney general in MKT Bridge case

Summary of legal issues involved: Removal of MKT Bridge at Boonville "removes a margin of safety" for the Katy Trail
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