State paying $6.4 million for railroad right of way

SANDPOINT - An agreement involving right of way needed for the proposed Sand Creek Byway is expected to be finalized this week, according to the Idaho Transportation Department.

The Idaho Transportation Board accepted a counteroffer from BNSF Railway in December 2007, putting it on track for final approval. But negotiations were re-opened during the legal review phase.

“The railroad was kind of backing up on us,” Allen told the Bonner County Area Transportation Team on Wednesday.

Allen said the railroad wanted conditions modified to facilitate the company's plans to conduct work on the locomotive bridge next the Long Bridge on U.S. Highway 95. The modifications concerned access the railroad needed in order to do the work, he said.

But with those matters sorted out, all that's left is the inking of signatures.

“I think we're going to have some signed documents this week,” Allen said.

The agreement involves approximately 40 acres of railroad right of way.

Minutes from the ITD Board meeting where the counteroffer was approved indicate the state is paying about $6.4 million for the right of way.

Allen said the project could go out to bid in the next couple of months.

Although a cloud of litigation is forming over the $92 million highway bypass, officials expressed optimism on Wednesday.

“I'm really excited to hear about the byway. That's great news,” said Ponderay Mayor Carol Kunzeman.

The North Idaho Community Action Network is suing the Federal Highway Administration and the U.S. Army Corps of Engineers over permit approval of the highway re-routing project. The group contends the bypass underwent insufficient federal reviews and it violates national environmental policies.

The project also continues to divide the community, with some arguing it will harm Sandpoint's waterfront without improving the flow of traffic and others asserting it will do just the opposite.