BISMARCK, N.D. — The state of North Dakota has declined for a second time to issue an opinion on the ownership of the Bismarck-Mandan rail bridge, and the U.S. Coast Guard is indicating it will move ahead with the process which would allow BNSF Railway to demolish and replace the bridge.
The Bismarck Tribune reports state Attorney General Drew Wrigley declined to offer an opinion in response to a request from state Sen. Tracy Potter (D-Bismarck), saying there are “some situations which are unsuited for an attorney general opinion, including when the question requires a factual determination.”
BNSF has sought for years to replace the bridge across the Missouri River, parts of which date to 1883; because of its age, it is the subject of a 25-mph slow order. But the effort has been slowed, in part, by preservation group Friends of the Rail Bridge, which hopes to save the structure as a pedestrian and bike path. Earlier this year, the Friends group claimed the bridge actually belongs to a state because of Congressional action predating North Dakota statehood [see “Preservation group claims …,” Trains News Wire, March 7, 2022]. BNSF has called that claim “absurd” and “frivolous.” [see “BNSF calls preservation group’s claim …,” News Wire, March 15, 2022].
A previous effort by the Friends group to obtain an opinion on its ownership claim was turned down by the attorney general’s office because no state entity was involved in the dispute.
Meanwhile, KFYR-TV reports that, in the absence of a ruling, the Coast Guard has told the Friends it will move ahead with BNSF’s request for a permit to demolish the bridge. The Friends group says it may take the matter to court; BNSF told the station it will defend its ownership at all costs.
The Coast Guard is involved in the matter because the bridge crosses a navigable waterway.
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