ERIK SANZENBACH / L’Observateur / December 16, 2000

LAPLACE – St. John the Baptist Parish Councilman Duaine Duffy got thecouncil to approve a resolution that would put some legal heat under KansasCity Southern and Illinois Central railroads to help the parish with drainageunderneath their tracks.

“It has become evident that a lot of the problem lies with the railroads notallowing water to drain under the tracks,” said Duffy to the council.The resolution directs the parish administration and the parish legal counselto look into the possibility of legal action against both railroad companies.Citing clogged culverts that are not cleaned by the railroads, not enoughculverts being put under the tracks or not putting big enough culverts in,Duffy said the time for action is now.

“We are finishing up on the master drainage plan for the parish,” said Duffy.”We need to take this action before we spend any more money.”

Recently, the parish agreed to pay close to $100,000 on a project to putculverts under the Kansas City Southern Tracks on the west side ofLouisiana Highway 54 in order to drain off the water from the PlantationOaks Subdivision and give Garyville some relief from flood waters every timethere is a heavy rain.

“Why should we spend thousands of taxpayers’ dollars to get water under thetracks?” Duffy asked. “Until we explore all the legal avenues we would beremiss in our duties as public servants.”

Duffy said the parish government has asked the railroads for help before andhas not gotten any relief. Except for permits allowing the parish to dodrainage work under the tracks, the railroads, according to Duffy, have notreally helped the parish.

Duffy said the railroads’ part in the parish drainage problems goes back along way.

“Years ago they filled in the trestles and only added one or two culverts inthe parish,” said Duffy. “They formed an impediment to drainage. They arerequired to take out the water, and they ought to make accommodations toget the water under their tracks.”

Assistant District Attorney Charles Lorio said there may be a legal solutionto the problem.

“I’m still doing research on it,” said Lorio, “but there may possibly be a statestatute. There may be a prescriptive method.”

Kansas City Southern and Illinois Central were contacted but did not respondto the issue.

The resolution passed unanimously with the stipulation by Councilman LesterRainey that the same action be taken for the railroad tracks on the westbank of the parish.

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