Landowners want to keep BRT riders off the levee

Landowners want to keep BRT riders off the levee

Injunctions, signs aim to block cyclists

news@theeveningtimes.com

Recreation has not been all fun and games when it comes to the Big River Trail. The Big River Trail intersects with the Big River Crossing in the new Delta River Regional Park being developed between the interstate bridges by West Memphis. The crossing, park and trail running atop the crown road of the St. Francis Levee make Crittenden County a hub of cycling and hiking in the growing wave of geotourism. Currently the trail only goes south out of West Memphis but the big vision of the Big River Strategic Initiative is for a bike and pedestrian trail along the entire length of the Mississippi. But a pending law suit, setting a road block aiming to keep BRT riders out, has been forwarded by two Crittenden County property owners against the levee district.

A letter from an attorney representing the levee district told the complaining land owners that signs would be posted with rules and regulations for trail riders on the levee top road and declared the trail open to the public last October 22.

Ralph Carlson and Ward Walthal responded with their own signs. Private property signs were posted on T-posts in the bike gates and that action was followed up by a request to stop the use of the levee top road for recreation. The plaintiffs claim their fences were cut to install the gates for cyclists that feature a cattle crossing guard and opened public access through the third party Big River Strategic Initiative.

The suit asserted those actions to be out of bounds with lease agreements with the levee and exceeded the authority of the district in the 1893 act establishing the flood control project.

The two said they were left in the dark about the development of the BRT until a face to face meeting last September.

“At that meeting the President of the Board of St.

Francis Levee District Stephen Higginbotham, acknowledged no written notice had been given to the Plaintiff concerning the installation of the bicycle gates and stated to the Plaintiffs that they should have been reading the paper for their notice and that the St. Francis Levee District was not going to forward letters to all the landowners giving them notice about opening their property up to the general public for the bicycle trail,” read the suit.

The property owners were also concerned for their cattle grazing the levee and their equipment and plan to pursue trespass charges on anyone crossing through their spots.

Levee district CEO Rob Rash. Said during an interview, while the civil case is being hashed out the Big River Trail remains open to users.

“We have filed a response,” said Rash. “It is still tied up in litigation.

There has been no dates set. We are awaiting movement

in it.”

In the meantime cyclists may still ride south out of West Memphis on the uncontested part of the trail.

The BRT trail head is on the corner of Broadway and South Loop across from Pancho’s. The starting point connects by trail to the BRX and the regional river park to the east or the BRT heading south. Cyclists are exploring the new trails and the seasonal flooding has not closed the trail.

“You can still ride down to Carlson’s spot where it is cut off,” said Rash. “You go down that far and then go around (by road) all the way down. We do have a dispute with the property owner and currently it stops there.”

Big River Strategic Initiative Executive Director Terri Eastin expressed appreciation for the levee district effort to defend trail access and was amazed when the bike gates were blocked on the BRT.

“They have impeded public use of the bike path illegally and dangerously with the addition of barbed wire across those gates,” said Eastin in an interview.

“Think of somebody riding 15-20 miles per hour and not seeing that barbed wire until they were right on top of it. It’s an accident waiting to happen.”

“I give kudos to the St.

Francis Levee District Board for not only allowing the trail but supporting the trail and fighting this battle on behalf of the trail.”

By John Rech