Name: Missouri ordered to sell parts of planned state park along Eleven Point River
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Missouri ordered to sell parts of planned state park along Eleven Point River

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Stay up-to-date on the latest in local and national government and political topics with our newsletter.Last chance! Subscribe with this special offer to keep readingLoading&amp;hellp;{{title}}{{description}}{{banner}}(renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax){{tagline}}{{special_title}}{{html}}You are the owner of this article.You have permission to edit this article.© 2022 Lee EnterprisesShare ThisMissouri ordered to sell parts of planned state park along Eleven Point RiverShare thisJEFFERSON CITY — An Oregon County circuit judge has ordered the state of Missouri to sell parts of a planned state park along the Eleven Point River in the southern part of the state.The ruling by Circuit Judge Steven Privette, issued Tuesday, is a loss for the state and state parks boosters. Former Democratic Gov. Jay Nixon engineered the purchase of the roughly 4,200 acres in his second term. to force the sale of the property. A spokesman for Attorney General Eric Schmitt, a Republican, wasn’t sure Thursday whether the state would appeal the case.Schmitt’s Democratic opponent in the Nov. 3 election, former federal prosecutor Rich Finneran, said Thursday the state should appeal the ruling.“I urge Eric Schmitt to appeal this ruling forcing Missouri to sell 625 acres of public land,” he said in a statement. “We have a right to preserve Missouri’s beautiful and scenic riverways, and the Attorney General should stand up for that right.”Van and Elizabeth McGibney sued the state in 2017, arguing that roughly 625 acres of the planned park was located within a federal easement along the Eleven Point River.At trial in August, the plaintiffs argued that use of the land as a park “would destroy the wild and scenic nature of the easement.”Privette said the easement restrictions, “under any reasonable interpretation,” meant that the land cannot “be used by the public as a park.” He called the state’s purchase “arbitrary and capricious.”The easement in question, created by Congress through the Wild and Scenic Rivers Act of 1968, extends a quarter mile from the banks of the Eleven Point River on both sides.The state’s 625 acres are located on the western bank of the river, according to the judgment. was used to fund the purchase.The state argued at trial the planned park wasn’t in conflict with the easement and that the easement may be modified in the future to allow public use, according to the judgment.The state also said the McGibneys and a third plaintiff, James Connor, lacked standing, but the judge said they did have standing as members of the public challenging use of public funds.The judge also said the plaintiffs, as nearby landowners, had standing because they were subject to the same restrictive easement as the Department of Natural Resources.Privette on Tuesday ordered the state to “divest itself of ownership of those lands located within the bounds of the Wild and Scenic Easement.”Nixon, in an interview, said “absolutely” when asked if the state should appeal. He noted that Missourians in 2016 overwhelmingly renewed the state’s parks, soils and water sales tax, which funds state parks.“The state should clearly not be subservient to easements on property they’re buying,” he said. “Even if you have to honor it, it’s not an impediment to buying that property, whether it’s near a highway or a scenic river.”Stay up-to-date on the latest in local and national government and political topics with our newsletter.{{title}}{{summary}}You don't have any notifications.Get up-to-the-minute news sent straight to your device.Topics

Stay up-to-date on the latest in local and national government and political topics with our newsletter.Last chance! Subscribe with this special offer to keep readingLoading&amp;hellp;{{title}}{{description}}{{banner}}(renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax){{tagline}}{{special_title}}{{html}}You are the owner of this article.You have permission to edit this article.© 2022 Lee EnterprisesShare ThisMissouri ordered to sell parts of planned state park along Eleven Point RiverShare thisJEFFERSON CITY — An Oregon County circuit judge has ordered the state of...

Missouri ordered to sell parts of planned state park along Eleven Point River

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