Bridge Plaza Project

The Times Herald

The Federal Highway Administration has issued a Record of Decision, giving its approval for the $553 million expansion of the Blue Water Bridge Plaza.

The Record of Decision, one of the final steps in the project's planning phase, was was signed Tuesday by James Steele, administrator of the FHA's Michigan division.

Officials with the Michigan Department of Transportation were not immediately available for comment.

Details will be posted as they become available.

Now that that the Record of Decision has been issued, one would hope that MDOT moves forward to construction in a decisive manner. Delay will be harmful to not only the individuals and companies losing their property, but to all of Port Huron, which has been under a dark cloud of project uncertainty for over five years.

Blue Water Bridge

The Times Herald

The brother and sister inherited the Port Huron home when their father died several years ago. Now, they could be forced to move based on the newest plan for the Blue Water Bridge Plaza expansion.

"We don't want to move," said Marvin Beadle, 42, looking at a map of the plan, part of the project's final environmental impact statement released Tuesday.

"We want to keep our property," said Verna Beadle, 50.

The Beadles are among a small group of homeowners -- about a dozen -- who, under a previous plaza plan, would have stayed in their homes and not been included in the project's footprint. Among those homeowners, there is conflict about what is best: to have their property bought at a premium by the state or to remain in their homes.

Local officials fought for the homes -- located in two clusters on the south side of the plaza -- to be bought, fearing that if left behind, residents would have to endure years of construction and then life on the fringes of a major international border crossing.

Project Manager Matt Webb said the Michigan Department of Transportation did its best to affect as few people as possible. In all, 125 homeowners, 30 businesses and one church will be displaced in the $553 million expansion.

"We went back and tried to reduce the footprint and make it as small as possible," he said.

St. Clair County Administrator Shaun Groden said the message officials received from residents left behind by the previous plan was: "Oh my God, they are leaving us behind, and we are going to have to live in this monstrosity."

He said people were upset about what Port Huron City Councilman Jim Fisher once described as the "Swiss cheese" effect: Two pockets of homes left behind.

The project will bring to ground level and increase the size of the plaza from 18 to 56 acres. The 56-acre plan, officials said, is much better than the 90-acre one proposed several years ago and better than the 65-acre plan proposed last year.

During the comment period for the draft environmental impact statement, the majority of the homeowners in the area where the Beadles live said they would rather have their houses razed than be left behind, Webb said.

There are some perks to being relocated. The state will pay moving costs and 125% of fair-market value for owner-occupied homes, Webb said. For other homes, such as rentals, owners will get fair-market value, he said.

Meanwhile, state Rep. John Espinoza, D-Croswell, introduced legislation Thursday that would give tax incentives to people and businesses that develop the area once plaza construction is finished.

The plaza plan released Tuesday will be open for public comment through May 4. Then, the Federal Highway Administration is expected to issue a "Record of Decision," which will, among other things, allow the state to move forward with acquiring properties.

Construction, which will begin with rebuilding 2 ½ miles of the Interstate 69/94 expressway, is set to start in 2011 and wrap up in 2016 or 2017.

The single most pressing problem is getting the project determined with certainty and soon.  Delay in deciding what is to be taken will leave the Port Huron neighborhoods surrounding the Bridge in shamble.

Canadian Bridge Plaza

Times Herald

Canadian officials are prepared to start a $54 million (Canadian) project to revamp the Blue Water Bridge Plaza in Point Edward.

The project includes a 120,000-square-foot, four-story building to house Canada Border Services Agency, the Canadian Food Inspection Agency, commercial brokers and Blue Water Bridge Canada administrative offices. The project also includes building seven new inspection lanes for commercial traffic.

The project will start this month and be completed in December 2010. The new building will be west of the existing Customs building.

Chuck Chrapko, president and chief executive officer of Blue Water Bridge Canada, said travelers to Ontario barely will notice the project has started.

"It will not divert traffic in any way," he said.

The work is the first phase of what is expected to be a three-phase project costing a combined $110 million.

Phase two includes building secondary processing stations for passenger vehicles and 14 new inspection lanes. Phase three includes new toll booths and toll offices and updating infrastructure.

At the end of the project, which could take between six and 10 years, virtually everything on the bridge plaza will be replaced, Chrapko said.

Timelines for the second and third phases have not

been established. Chrapko said the project is designed in such a way that each phase is not required to be finished but can be depending on need and money.

The design of the new plaza, Chrapko said, increases security by making it less open. Currently, people can walk easily across the plaza from other places, such as the Duty Free parking lot. That won't be possible on the new plaza.

All one needs to do is travel on the Blue Water Bridge. This bridge, which was once a beautiful alternative to going through Detroit to New York State or Toronto, now maintains lines through Detroit Customs to the Canadian side of the bridge. Clearly, no PR blitz is needed for one to understand that something must be done with the plaza. It is simply a decision of how best to maintain the City of Port Huron's commercial existence while substantially interfering with commercial activity because of the acquisition/eminent domain process. 

The bridge clearly will hurt the United States far more than Canada because Canada has been attempting to purchase the land over the years. Canada probably destroyed values by the process, but the same process has been used by the Detroit International Bridge Company for the past 20 years; with some results not totally destructive of individual property rights but other results which created great harm to neighborhoods.

Bridge Delays

Detroit News

A legislative impasse continued Tuesday morning over the location and ownership of a proposed second bridge across the Detroit River between Detroit and Windsor, threatening to derail the 2009 state transportation budget and funding for road projects already under construction.

The transportation budget must be approved by the House and Senate before Oct. 1 to avoid a shutdown of Michigan's Department of Transportation and all state highway projects.

Senate Republicans want to add a stipulation to the budget bill that prohibits MDOT from continuing preparations for a public bridge across the Detroit River without legislative approval.

They favor letting the owner of the Ambassador Bridge build a second, privately owned span next to the exiting bridge, using his own money, before deciding whether a publicly owned span also is needed.

When the six-member House-Senate conference committee deadlocked on the bridge issue Tuesday morning, their session was recessed. The conference committee must approve MDOT's proposed $3.6-billion budget before the full House and Senate get a chance to vote on it.

The second bridge is needed to continue growth of Michigan and Ontario. Without it, Michigan will become second tier in one more area of commerce. Is that what the citizens of Michigan want? Forget about whether Windsor got the better of the deal, instead move on for increased prosperity.

 

The Michigan Department of Transportation is not a perfect bureaucracy. But what it does not need is legislators nit picking at its basic decisional inclinations. After all they’re a Transportation Commission which is supposed to act as a watchdog.

…Because of the stalemate, Transportation Director Kirk Steudle notified contractors that his department may suspend operations on Oct. 1 -- when the current budget expires -- and shut down road projects across the state.

…If lawmakers can resolve their differences, the House-Senate committee could reconvene later Tuesday to approve the transportation budget. It then would have to be passed by both legislative chambers.

Detroit Bridge

Detroit News

The Michigan Court of Appeals on Wednesday confirmed an earlier Wayne County Circuit Court ruling that the owners of the Ambassador Bridge don't have the power to condemn property for access improvements being undertaken through an agreement with the state.

The higher court also cited a rarely heard legal principal, "the Absurd Results Rule," to reverse part of the lower court's ruling, ordering the Detroit International Bridge Company to pay the cost of a decade long legal fight with the owners of a former duty-free store.

Appeals Court panel of judges Patrick Meter, Michael Talbot and Deborah Servitto wrote that the government never intended to extend its powers of condemnation to a private company so the expense the landowner had to bear to fight this unjust action should be born by the bridge company. To force the landowner to pay "would be patently absurd and unthinkable," the judges ruled in citing the Absurd Results Rule, which is applied to avoid results like this that are "manifestly inconsistent with legislative intent."

The bridge company had appealed the Wayne County Circuit Court ruling that threw out a condemnation lawsuit the company brought against the Commodities Export Company to obtain land the bridge owner claimed was needed for access improvements under agreement with the Michigan Department of Transportation. The company claimed the state's powers to condemn property came with the state agreement. Both courts said the power belongs solely to the government.

 

-The power to take property requires a specific legislative authorization empowering the entity with condemnation authority.  Here is a situation in which the court found that there was no statutory language allowing the private Detroit International Bridge Company to acquire by an eminent domain case.