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Morehead State University News |

Published: August 29, 2008 12:22 pm    print this story   email this story  

Built without permission

By Vanessa Overholser - Staff Writer

Sometime last year, a local group sought permission from the Kentucky Transportation Cabinet to construct a pedestrian bridge as part of a larger Rails to Trails project. Now that the bridge is constructed, the Rails to Trails group has received notice it did not have such permission.

The bridge, located along the bypass near Fast Change Oil Lube, is currently closed because it has been deemed unsafe.

“The Rails to Trails group sponsored the project,” said Mayor David Perkins. “They thought in good faith that they had permission but they did not.”

The group asked the city to sign off on the project because the city is the umbrella agency in this case. The group indicated that the necessary permits and permissions were in hand. It was discovered after construction that was not quite the case, Perkins said.

“They have to have an encroachment permit from Transportation before building anything on state right of way,” Perkins said.

Getting permission for the bridge to remain on the property will be a difficult process and possibly very costly, he added.

“The only way for the Transportation Cabinet to consider granting permission is to get an engineer to assume responsibility for the project and put their seal on the design after the fact,” Perkins said.

Adding to that hurdle are some concerns in the way the bridge is constructed. “The city’s insurer will not insure it as built, due to those concerns and because there is no encroachment permit,” he said. “Getting a qualified engineer to look at it, as is and sign off on the design will cost more than doing it from scratch. I am not sure how much that is, but it could be more than the bridge cost to build.”

The state will not consider giving permission until the group gets an engineered design for the bridge.

“Currently the ball is in the Rails to Trails' court”, Perkins said.

“We in good faith signed papers giving them permission to build this,” he said. “It is not our intention to beat up on Rails to Trails, but to help if possible.”

Perkins said the Transportation Cabinet is being very patient. The bridge may have to come down, but that is a last resort. Rails to Trails must come up with a design that is suitable and safe.

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Photos


The Rails to Trails pedestrian bridge is closed because it is unstable. The bridge was constructed in July of this year. The Rails to Trails group is looking into the possibility of getting an engineer to look at the bridge to fix it or reconstruct a new one. Vanessa Overholser photo/ (Click for larger image)

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