Missouri House Bill No. 1318, 2025 Regular Session

During the First Regular Session of the 103rd General Assembly of the State of Missouri, Representative Mark Nolte introduced House Bill No. 1318, which proposed to modify Section 60.510 of the Missouri Revised Statutes by adding to the duties of the State Land Survey within the Missouri Department of Agriculture, as follows:

To restore and monument the centerline geometry of all railroad rights of way within the state of Missouri that have been abandoned by the United States Surface Transportation Board (STB) or previously by the United States Interstate Commerce Commission (ICC)

For the public hearing conducted by the House Transportation Committee on March 25, 2025, I submitted the following written testimony:

Ladies and Gentlemen of the Committee – Thank you for this opportunity to offer written testimony on HB 1318. I oppose this bill.

   (1) First of all, is it appropriate for a state agency to use public funds to survey private property for the benefit of private persons or entities? Railroads are private entities and their rights-of-way are privately held. When a railroad right-of-way is abandoned, the property interest is either eliminated, as would be the case with an easement, or sold, when the original acquisition was in fee simple, or perhaps simply abandoned for someone else to claim. Thus, an abandonment results in the transfer of the property interest from one private owner to another private owner, unless the property interest is acquired by a government entity. How is it appropriate to require a state agency to survey private property for the benefit of a private owner?

   (2) Next, the additional duties proposed by HB 1318 are an unfunded mandate. The State Land Survey is funded by a $1 user fee, established in 1969 and collected by recorders of deeds (Section 59.319-3(1)). This fee has not changed since 1969, while costs have risen considerably since then and continue to rise. There were 25 staff members in 2000 (not counting the three positions funded by state parks), but that number has diminished to 12 in 2025. More duties were added in 2012, as well, but no additional funding was provided then either. How can an already underfunded agency with diminishing staff levels be expected to do more and more work without additional funding? You can add the extra duties, but if funding is inadequate to address the current work load, it is unlikely that the extra duties will receive much attention.

   (3) Further, HB 1318 does nothing toward providing the documentation to perform the additional duties. To do this work, it is absolutely necessary to have access to the right-of-way plans and other documentation that define the geometry and alignment of the right-of-way. Assuming this proposal is intended to be forward looking as well as backward looking, there needs to be some requirement to provide the needed documentation to the State Land Survey so that the work can be done.

   (4) Also, it would appear that this proposal is directed at railroad rights-of-way that have already been abandoned. That means all of those abandoned rights-of-way will have to be identified and records tracked down. This is a tremendous undertaking. If you want it done, provide the resources to do it! I estimate that dedicating one professional land surveyor and one technician full time to restoring and monumenting the centerline geometry of all railroad rights-of-way that have been abandoned in the state of Missouri will cost more than $250,000 per year for many years with appropriate upward adjustments to this cost each year.

   (5) Please, note that railroad rights-of-way that have been converted to “interim trail use” are not regarded as having been abandoned. Since this proposal only mentions abandoned rights-of-way, it would not apply to any rights-of-way that have been converted to “interim trail use.” Besides, rights-of-way converted to “interim trail use” are transferred to the trail sponsor, who should be responsible for any surveys needed on the property they hold. How is it appropriate to require a state agency to survey what belongs to some other entity?

   (6) Please, also note that, as worded, HB 1318 technically won’t apply to any rights-of-way within the state of Missouri, because neither the Surface Transportation Board nor the Interstate Commerce Commission abandon railroad rights-of-way. Railroad rights-of-way are abandoned by the railroad operators and not by the agencies that regulate them. The Interstate Commerce Commission (ICC) was created in 1887 and had a wide range of regulatory authority over railroads and other forms of interstate transportation. It was abolished in December 1995. The Surface Transportation Board (STB) is the federal agency that is charged with the economic regulation of various modes of surface transportation, primarily freight rail. The agency has jurisdiction over railroad rate, practice, and service issues and rail restructuring transactions, including mergers, line sales, line construction, and line abandonments. The STB also has jurisdiction over certain passenger rail matters, the intercity bus industry, non-energy pipelines, household goods carriers’ tariffs, and rate regulation of non-contiguous domestic water transportation. The STB was created on January 1, 1996. The ICC was and the STB is a regulatory agency. Neither own or operate railroads and, therefore, do not abandon railroad rights-of-way. In an abandonment proceeding the STB ensures that proper notice to rail users has been given, that any opposition to abandonment is addressed, that any offers of financial assistance have been considered, and that environmental, historic preservation or any other concerns are appropriately addressed before abandonment is consummated by the railroad operator.

*** I oppose HB 1318, believing it to be entirely inappropriate. I, therefore, urge this Committee to kill HB 1318.

This bill did not pass out of the House Transportation Committee during the 2025 Regular Session.

More information on this bill can be found at the following link:

https://house.mo.gov/Bill.aspx?bill=HB1318&year=2025&code=R

Nelson Rector: Hard Luck and Trouble

In January 1807, we find Nelson Rector providing assistance to his brothers, William Rector and Elias Rector, who were engaged in surveying the public lands in the Indiana Territory (Territorial Papers, Vol. 7, pgs 413-414 and Vol. 7, pgs 419-424). Nelson was often sent as a runner to deliver field notes and messages and to bring back money with which to carry on the work, but he was also gaining surveying field experience. In a letter to Jared Mansfield, Surveyor General of the United States, Elias Rector requested permission to allow Nelson to assist him in surveying, saying, “he has been some time in the woods with me & appears to Understand Surveying Sufficinly [sic] to execute the business with Correctness.”

In February 1810, William Rector, writing from Kaskaskia in the Illinois Territory, noted in a letter to Jared Mansfield, Surveyor General of the United States, that he had put Nelson Rector to work subdividing townships in the Illinois Territory (Territorial Papers, Vol. 16, pgs 76-80).

In July 1813, Nelson Rector was assigned work under his own contract as a deputy surveyor to survey and subdivide fifteen (15) townships in the Illinois Territory (Territorial Papers, Vol. 16, pg 351 and Vol. 16, pgs 355-356). He wrote to Josiah Meigs, Surveyor General of the United States, on November 1, 1813 from Township 5 South, Range 6 East of the Third Principal Meridian, indicating that “I left Shawnee Town on the 28th day of Oct[ober] for the Woods, and have been engaged in Surveying the U. S. lands since that time, and shall continue with all possible, energy untill [sic] I complete my District.” After making some observations about the area, he concluded his letter with a postscript, saying, “I should be glad to get a letter from you. Be so good as to drop me a line & direct to Shawnee Town and I shall get it. Excuse this scrall as it is late at night & by the light of the fire” (Territorial Papers, Vol. 16, pg 374).

Trouble was lurking for Nelson Rector, however, as we learn from letters sent to Josiah Meigs by Judge Stanley Griswold, writing from Shawnee Town, Illinois Territory, on March 10, 1814 (Territorial Papers, Vol. 16, pgs 401-402), and William Rector, Principal Deputy Surveyor in the Missouri Territory, writing from the United States Saline in the Illinois Territory on March 16, 1814 (Territorial Papers, Vol. 16, pgs 397-399).

William Rector reported to Josiah Meigs that his brother, Nelson Rector, had been severely wounded by Indians on March 1, 1814.

Judge Griswold recounted that “Mr. Nelson Rector left his hands at work on his Survey, and set out alone to come in to the Saline about 25 or 30 Miles with his Field-Notes, with a view to Plat &c – At about half way, while riding carelessly along upon the Goshen Road, near the Bank of the North Fork of the Saline Creek, wholly unsuspicious of Indians, he was saluted with a discharge, from beneath the bank, of several pieces, within a very short distance: One ball entered his left breast, and passing thro’ a small portion of the cavity of his body and the left shoulder blade, lodged next to the skin behind – another ball struck his left arm, and shattered the bone between his elbow and shoulder – a third ball passed thro’ the body of his horse near the forelegs, beneath the back bone, and above the vitals. The horse sprang to a great distance, but providentially Mr. Rector kept his seat, and the Indians continuing their fire, another ball grazed one of his temples, and knocked off his hat. – On turning his eye, he perceived their number to be from six to ten, but could not tell exactly, as his deplorable situation permitted but a slight glance, nor did he look at them again – They, however pursued him a good distance, and it seems a miracle that he escaped. From the glance he had of them they appeared to be Kickapoos, and all young men: his horse held out beyond expectation, and brought him to a Fortification three miles from the Saline, but, on the way, Mr. Rector was obliged to use every method to save himself – one arm dangling by his side, with the hand of the other he was obliged to grasp the saddle to save himself from falling thro’ extreme faintness, and other affections produced by his wound. In this situation, taking the bridle in his teeth, he lost some of them by the stumbling of his horse – he thinks that if he had not been on a Spanish Saddle he must inevitably have fallen and lost his life.”

William Rector added that “in this miserable plight he rode twelve miles to a Fort three miles from this place [the United States Saline], when he got there, he was so much exausted [sic] with the loss of blood that he could scarcely stick on his horse. The same evening he was brought by men on a litter to this place, since which he has suffered very much with his wounds & part of the time very high fevers. But I am happy to add that for the two last days he has been nearly free from fever & pain, that a supperation [sic] has taken place in both his wounds, discharge freely and his surgeons say look very favorable. I think he is entirely out of danger, tho it will be several weeks before he gets entirely well – Such is the opinion of his Surgeons.”

Judge Griswold went on to note that “the men who went out in pursuit of the foe discovered many traces of Indians, but thought it most prudent to hunt up Mr. Rector’s Surveyors, whom they found pursuing their business, without any suspicion of danger, and brought them in, with one or two of the most exposed families.”

William Rector went on to note that “Nelson desires me to present his respects to you, and inform you that before he received his wounds he had surveyed the exterior boundaries of all the Townships in his district, and had subdivided into sections &c one Township & part of another. He wishes me also to say to you that he is determined to complete the Surveying you assigned to him as soon as possible that notwithstanding his ill luck he hopes to get the whole done before the expiration of the time mentioned in his contract with you.”

On March 4, 1815, Nelson Rector, writing from Saint Louis in the Missouri Territory (Territorial Papers, Vol. 17, pg 143), reported to Edward Tiffin, Surveyor General of the United States, that “I am (& have been for some months past) useing [sic] every exertion in my power to comply with the contracts I entered into with Josiah Meigs Esqr late S. Genl of the U. S. & shall comply fully if not driven from the Woods by the hostile bands of Indians that are continually lurking on our Frontier & who have given me greate [sic] trouble pain & expence [sic] in executeing [sic] my business; as they wounded me so miserably last March & have latterly driven in my assistants.”

He went on to note that “I have now procured a Guard of Rangers from the comanding [sic] officer of this District & am in a fair way of completeing [sic] my contract, if the guard is continued I shall finish by the 1st of April next; as soon as I get my contract completed I shall set out for your office with a return of my surveys.”

On June 25, 1815, writing from Cincinnati, Ohio (Territorial Papers, Vol. 17, pgs 192-194), Nelson Rector notified Edward Tiffin that he had “been waiting very impatiently several weeks, for my Brother William Rector, as soon as he arives [sic] I shall set out for your office in order to make the residue of the returns of the Surveying done pursuant to my contracts with Josiah Meigs Esqr late Surveyor General of the United States.”

Continuing in his letter, he felt the need to defend himself against slanderous accusations he believed to have been made by John Messenger, another deputy surveyor in the Illinois Territory. Concluding his exposition on the matter, he asked, “did I not finish my contract last winter under the most trying circumstances ... I surveyed Sir without a guard (which is well known in the Country where I live) under the very muzzles in a manner of the most ferocious & inhumane enemies, to the Human Family I mean the Savages. I have been shot to peaces [sic] (comparitively [sic] speakeing [sic]) by the Indians & I have completed two very important contracts of Surveying for my Government since the Indian War & in a Woods they frequented & murdered seven or Eight People at the time I was performing my duty.”

On July 21, 1815, Edward Tiffin reported to Josiah Meigs, Commissioner of the General Land Office, that “the three Mr Rectors are all here [in Chillicothe, Ohio], but two of them are ill with fevers” (Territorial Papers, Vol. 15, pg 71).

A few days later on July 26, 1815, Edward Tiffin sent to Josiah Meigs a copy of instructions for review that he had prepared for William Rector, pertaining to establishing the principal meridian and base line for the Missouri Territory and then beginning the surveys for the military bounty lands (Territorial Papers, Vol. 15, pg 72 and Vol. 17, pg 203).

As part of these surveys, Nelson Rector, in partnership with William L. May, contracted on October 25, 1815 to lay off and subdivide townships south of the Base Line of the Fifth Principal Meridian in Ranges 1 and 2 East (Territorial Papers, Vol. 15, pg 91).

William Rector, as Principal Deputy Surveyor of the Missouri Territory, reported to Edward Tiffin, Surveyor General of the United States, on January 15, 1816 that Nelson Rector had died at the mouth of the St. Francis River on November 17, 1815 (Territorial Papers, Vol. 15, pgs 103-104). John Messinger, in a correspondence with Tiffin, dated January 12, 1816, noted that Nelson Rector had died by suicide (Territorial Papers, Vol. 17, pgs 283-284). Thomas Sloo, Register of the Land Office at Shawneetown in the Illinois Territory, writing on January 8, 1816 to Josiah Meigs, Commissioner of the General Land Office, reported that, “We have just Recd News of the Death of Nelson Rector. Report says [he] went on to the Arcansaw [sic] to Survey and their [sic] Blew out his own Brains” (Territorial Papers, Vol. 17, pgs 276, 278).

Source: The Territorial Papers of the United States, compiled by Clarence Edwin Carter, U. S. Government Printing Office

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original composition by Steven E. Weible