Letter to the Editor

Officials broke the law on state park land purchase

Monday, October 12, 2020

Dear Editor,

I have followed the McGibney, etal., vs Missouri Department of Natural Resources, wild and scenic river easement lawsuit throughout the judicial proceedings in the Circuit Court of Oregon County. As well as DNR’s shenanigans prior to the lawsuit.

In the eight-page final judgement found at Casenet 17AM-CC00021, Circuit Judge Steven Privette ruled that “DNR has acquired as a state park lands which cannot under any reasonable interpretation be used by the public as a park. And having found the action of DNR unlawful, arbitrary and capricious, Defendant Department of Natural Resources is hereby directed to divest itself of ownership of those lands within the bounds of the Wild and Scenic River.”

In other words, The Missouri Department of Natural Resources and their 2016 “state park engineers” consisting of former Governor Nixon, DNR Director Pauley Parker and Parks Director Bryan failed all law-abiding Missourians by not following federal law that has been respected by landowners along the Eleven Point for over 40 years. Why? Because in 2016 the “state park engineers” had a once in a lifetime pocketful of lead mine money and they were going to spend it regardless of the lawful requirements of the wild and scenic easement. Federal law be damned, load the state park wagon with land, no one will ever notice.

Well, the landowners noticed, and they are right. The state should have to abide by the same laws they do, and the state should not be exploiting the only wild and scenic river easement in Missouri for public use.

In addition, DNR thought they pulled a fast one, when they figuratively covered over the public use restriction of the 1979 wild and scenic easement land deed by filing a warranty deed with new language, “the property is hereby dedicated to public use and conveyed to the MODNR only for the following purposes and none other: for public use as a state park and for natural resource restoration and preservation.”

Sadly, Missouri Attorney General Schmitt now agrees with the federal law breakers by filing an appeal to the appellate court. Where I am confident, they will see through the DNR charade and uphold the rule of law.

Mike Dethrow, retired State Representative