NRD scrutiny won't block trail

WEEPING WATER, Neb. — Completing the last segment of a long-planned hike-bike trail to connect Omaha and Lincoln now appears back on track.

But something else was clear after a four-hour public hearing here Monday — a strong sentiment to pare back the powers of the state's natural resources districts to complete such trails using eminent domain.

Several speakers, including at least three state senators, criticized what they said was a lack of communication and collaboration with Cass County officials by the Lower Platte South Natural Resources District while planning a recreational trail linking Wabash, Neb., to a hike-bike bridge that spans the Platte River at South Bend, Neb.

The 10-mile segment is the last needed to complete a trail, first envisioned in 1984, to link the state's two largest cities.

The project hit a snag a year ago when Cass County landowners erupted in anger over the NRD's proposed route for the trail, along a remote limestone-rock road — and the possibility that the NRD could take their land via eminent domain.

Such eminent domain power is more common in the construction of roads or electric transmission lines, when a governmental entity seizes private property from an unwilling seller, at a fair-market price, for the public good.

Natural resources districts, run by locally elected boards, also have that power, although they have used it only twice in the state since the districts were created in 1972.

About 120 people attended an interim hearing Monday held by the Legislature's Natural Resources Committee on eminent domain and NRDs.

Many testified that they didn't think recreational trails were a public necessity requiring the “hammer” of taking private land from unwilling sellers.

Some said a “hobby” like bicycling down a trail shouldn't come with the power to take land.

“We question if a bike trail or recreation park should be treated in the same manner as a flood-control project,” said Waverly farmer Steve Althouse, who testified on behalf of the Nebraska Farm Bureau Federation.

But others supported the work of the NRDs, saying that eminent domain powers are used rarely, and only when there's no other choice in completing a project. They defended hike-bike trails as safe places for exercise that increase property values and boost rural economic development.

Dale Nielsen, a teacher at East Butler High School, said the Oak Creek Trail that runs from Valparaiso to Brainard has increased business at cafes and attracted visitors from Lincoln.

Concerns expressed by landowners, Nielsen said, never materialized, and overall, the limestone trail on an old railroad bed has been of tremendous benefit.

During the public hearing, officials with the Cass County Board and Lower Platte South NRD said communications could have been better while planning the trail.

Dave Nielsen of Weeping Water, a member of both the NRD board and the Cass County Board, complained that a Cass County Citizen Advisory Council set up by the NRD was steered away from recommending alternative routes to the gravel 334th Street picked by the NRD.

Monday, however, officials with the NRD and County Board said they're now focused on a new route for the trail, initially suggested by the County Board. It would parallel Nebraska Highway 1 north from Elmwood and link with an access road to Murdock. It would then continue straight north along an asphalt county road to the Platte River hike-bike bridge at South Bend, passing the popular Round the Bend Steakhouse.

Glenn Johnson, general manager of the Lower Platte South NRD, said finalizing that route could come as soon as the end of the year.

But State Sen. Dave Pankonin of Louisville, who asked for the interim study on eminent domain, said even if the trail route is resolved, he plans to introduce legislation next year to “force” the NRDs to better collaborate with local officials.

“It's clear we had a breakdown here,” Pankonin said, adding that a more formal process in state law is needed.

Two other state senators at the hearing, Chris Langemeier of Schuyler, chairman of the Natural Resources Committee, and Beau McCoy of Omaha, faulted the NRD for not making more attempts to work with landowners and the County Board.

Johnson, of the NRD, said there was more communication than evident Monday. He added that two Cass County officials the NRD had been working with — a County Board member and the highway superintendent — left county employment midway through the planning process.

Contact the writer:

402-473-9584, paul.hammel@owh.com