Jim Potter, who has a farm that borders the Southwind Rail Trail a mile south of Iola, asked Allen County commissioners Tuesday to clean ditches and help repair fences bordering the trail.
Potter said when rails were removed from the right of way 10 to 12 years ago, railroad ties were tossed aside, which has had led to drainage problems.
Commissioners assumed the role of being the responsible party for the trail when volunteers agreed to develop it without financial assistance from the Kansas Department of Wildlife and Parks.
They cleared brush and other vegetation that had overgrown the right of way, spent considerable time making the old iron bridge safe for pedestrians and bikers and completed other amenities, such as a halfway-point shelter. The county dispatched its Department of Public Works crew with machinery and crushed rock to form the trail’s surface.
The trail runs about 6 1/2 miles from Riverside Park in Iola to the north edge of Humboldt, and has seen considerable use since its opening a year ago.
Meanwhile, Potter alleged its creation was a thorn in his side, with drainage problems occurring with each rain of consequence.
His plea was for the county to clean ditches to improve drainage and help rebuild fences, although he didn’t specify why that had fallen into disrepair. He estimated cost of putting all in order at $35,000.
“What is our responsibility,” Commissioner Dick Work asked of County Counselor Alan Weber.
“I think we all need to go out and take a look,” Weber replied, which commissioners Work and Jim Talkington agreed to do at the tail end of their meeting Tuesday morning. Commissioner Tom Williams was absent.
While the county is the responsible party for the trail, Weber advised that if Potter were to pursue redress through litigation it would occur in a U.S. court under the Tucker Act because the right of way holding the trail was rail-banked by the federal government. Rail-banking protects abandoned rights of way on the chance they might be deemed necessary to use again as corridors for railroads.
“We wouldn’t be involved” in any legal action, Weber said, but “being good neighbors we need to take a look.”
COMMISSIONERS signed off on a contract with the Kansas Department of Transportation for construction of a new bridge about three miles west of Humboldt over Owl Creek. B&B Bridge, St. Paul, will erect the span under a contract calling for expenditure of $529,000, with the county responsible for $120,000.
The old iron bridge recently was moved to Iola and will be a part of a trail that will wind through timbered areas south of Elm Creek on former Lehigh Cement property. It will contain mountain bike paths, as well as areas for walkers.
Tile flooring will be removed from the front portion of Iola’s Senior Center.
The tile has had bonding and other problems since its installation. Removal by ACM, Wichita, will cost $4,200. Commissioners will decide what to do about floor covering later.
Under the tile is concrete.
