St. Paul's Ayd Mill bike trail plan moves forward

The St. Paul City Council on Wednesday authorized the city's Public Works Department to use condemnation if needed to acquire land for the first phase of a bicycle trail that will eventually link to the Midtown Greenway in Minneapolis.

The 2.1-mile trail section would wind along Ayd Mill Road from Victoria Street north to Marshall Avenue. The estimated cost for the land, much of it owned by the Canadian Pacific Railroad, is about $1.7 million. Council members voted 6-0 to spend the money and pursue the land.

On Tuesday, however, Canadian Pacific filed a federal lawsuit challenging the city's ability to use eminent domain to take its land.

The railroad claims that federal law supersedes a city's condemnation authority to develop a trail if the trail would interfere with railroad operations and present safety risks. The track is used daily by freight and passenger trains that travel up to 40 miles per hour, according to the suit. The trail would be too close to the track for safety and hamper space for work the railroad might have to conduct, the suit said. Canadian Pacific has opposed plans for the trail since 2003.

The railroad also expects the city would try to condemn more land to the north of Marshall for the other two phases of the trail, for a total of 4.2 miles of its right-of-way.

City Attorney John Choi said his staff was still reviewing the complaint but would defend the city's decision to pursue the land. The city will try to get the land this winter and complete construction by 2013 or 2014.

Canadian Pacific is seeking a ruling barring the city from condemning its land or requiring that it must seek approval from the Surface Transportation Board before attempting condemnation.

City engineer John Maczko said the city will get appraisals for the land and then make offers to the owners. He said he'd like to see an agreement reached, but acknowledged that the matter with Canadian Pacific could be settled in court.

Council members also approved a resolution to "clarify the current and future status" of Ayd Mill Road.

The road was first conceived 45 years ago as a way to connect Interstates 94 and 35E.

For decades, it has been the subject of arguments about whether the freeway connection should be a four-lane road, a two-lane parkway, or abandoned altogether.

Wednesday's council action called for a new community process to discuss the future of the road, which the City Council wants to be two lanes with a bicycle and pedestrian trail.

The council needs to change an ordinance banning bikes from using the road between Selby and Jefferson avenues.

Chris Havens • 612-673-4148