WVDOT closes privately-owned Nolan Toll Bridge
H.B. Elkins
I thought this bridge had been closed years ago by the owners. My recollection
is that the incursion of Corridor G (US 52/119) into Kentucky and the two Tug
Fork crossings of that highway had caused the Nolan toll bridge to lose revenue.
But apparently it's been open, at least up until Monday.
What would give a state agency to close a private bridge? On what authority
could they do that? The state generally does have the right to close businesses
that are regulated or licensed by the state, but what would give WVDOT the
authority to close the bridge?
Or would this more appropriately be a case of semantics? If they "block access"
to the bridge, they could close the county route that leads to the bridge
approach. I guess technically that means someone from Kentucky could drive
across the bridge and come upon the roadblock on the WV side, and have to turn
around and go back across, or back their vehicle across the bridge.
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Christopher Blaney
news:fj6ou...@drn.newsguy.com...
> Or would this more appropriately be a case of semantics? If they "block
> access"
> to the bridge, they could close the county route that leads to the bridge
> approach. I guess technically that means someone from Kentucky could drive
> across the bridge and come upon the roadblock on the WV side, and have to
> turn
> around and go back across, or back their vehicle across the bridge.
In this case, it would seem to me the owner could then sue the state for
restraint of trade or for not providing just compensation in the event of a
public taking.
The only legitimate way the state could close down the bridge would be if it
were deemed unsafe for public travel, or if the bridge owners had not paid
their taxes. Plus, if it's an interstate bridge, the federal government
would need to be involved because of interstate commerce.
If the owners of the private bridge went belly-up, the state could seize the
property for non-payment of taxes and operate it for a while until they
decide to shut it down. In which case it would no longer have been a private
bridge.
Chris Blaney
SP Cook
wrote:
> http://transportation.ky.gov/d12/1.htm
>
> I thought this bridge had been closed years ago by the owners. My recollection
> is that the incursion of Corridor G (US 52/119) into Kentucky and the two Tug
> Fork crossings of that highway had caused the Nolan toll bridge to lose revenue.
>
> But apparently it's been open, at least up until Monday.
Right. The old US 52 / 119 stayed on one side of the river, so the
bridge was the only crossing between Williamson and Ft. Gay, which is
25 miles or so. If a traveler was heading to Pikeville, it made sense
to cross on there and go down the KY side, avoiding downtown
Williamson. It also served just the local community. The two
"incursions" of the new Corridor G into KY made the bridge redundant,
except for the little local town.
If I understand correctly, the owner just gave up and left town.
Lives in New Mexico, so the TV said.
>
> What would give a state agency to close a private bridge? On what authority
> could they do that? The state generally does have the right to close businesses
> that are regulated or licensed by the state, but what would give WVDOT the
> authority to close the bridge?
Private bridges in WV are regulated by the DOT for safety if they
charge a toll, or if they permit a vehicle carrying the Mail or a
school bus to cross. While this and the city owned Parkersburg Bridge
are the only toll bridges, AFAIK, there are hundreds of private
bridges over little creeks and such. The regular bridge inspector guys
issue a permit after the same inspection that a state-owned bridge
would get. The toll rates are regulated by the Public Service
Commission, which normally regulates utility rates.
SP Cook
H.B. Elkins
>In this case, it would seem to me the owner could then sue the state for
>restraint of trade or for not providing just compensation in the event of a
>public taking.
>
>The only legitimate way the state could close down the bridge would be if it
>were deemed unsafe for public travel, or if the bridge owners had not paid
>their taxes. Plus, if it's an interstate bridge, the federal government
>would need to be involved because of interstate commerce.
>
>If the owners of the private bridge went belly-up, the state could seize the
>property for non-payment of taxes and operate it for a while until they
>decide to shut it down. In which case it would no longer have been a private
>bridge.
The owner of the bridge ceased operating it as a toll facility some years back,
but had not blocked off the bridge and allowed it to remain open for public use.
WSAZ-TV from Huntington reported that the owner had tried to give the bridge to
both West Virginia (which controls the river and maintains, AFAIK, all the
bridges connecting KY and WV) and Kentucky but neither state government had
taken the offer.
H.B. Elkins
xcept for the little local town.
>
>If I understand correctly, the owner just gave up and left town.
>Lives in New Mexico, so the TV said.
That's what I saw on WSAZ's report which someone provided a link for.
>Private bridges in WV are regulated by the DOT for safety if they
>charge a toll, or if they permit a vehicle carrying the Mail or a
>school bus to cross. While this and the city owned Parkersburg Bridge
>are the only toll bridges, AFAIK, there are hundreds of private
>bridges over little creeks and such. The regular bridge inspector guys
>issue a permit after the same inspection that a state-owned bridge
>would get. The toll rates are regulated by the Public Service
>Commission, which normally regulates utility rates.
The WSAZ report mentioned school children having to wait to cross the train
tracks at Nolan if a train was stopped on the crossing there between Corridor G
and the bridge. Presumably they get dropped on the inland WV side of the
tracks, and residents of Nolan drove across the bridge, down KY 292 to one of
the crossovers, then back up US 52 & 119 to the area to pick them up, then
reversed the route back to Nolan.
But I can't see school buses or mail trucks crossing the state line at this
location to justify state regulation.
I'll be interested to see what came out of the citizens' meeting at Williamson.
ron...@kc.rr.com
> On Dec 5, 12:59 pm, H.B. Elkins <hbelk...@mis.net.restrictorplate>
> wrote:
>
> If I understand correctly, the owner just gave up and left town.
> Lives in New Mexico, so the TV said.
>
to New Mexico. He's now in Florida. When he "inherited" the bridge, it
didn't make financial sense to continue paying a toll-keeper or to try
and administer automatic toll equipment from long distance. Income or
not, the last thing he wants is for that bridge to remain closed. He
has offered it for sale to Mingo County, and is waiting for a response.