By LEONARD GRAY

HAHNVILLE – The projects stalled due to lack of a railroad crossing agreement at Ashton Plantation Estates and behind the St. Charles Parish School Board central office in Luling may soon be resolved, if the parish council acts Monday to approve expropriation of the crossings themselves.

Parish attorney Bobby Raymond said the matter had been hanging for two years, with negotiations between Ashton developers and the Union Pacific Railroad “proving to be fruitless.” However, it seemed to Raymond that since the parish has the constitutionally-granted authority to expropriate land for the public need, “it was the correct way to go.”

The St. Charles Parish Council will review the expropriation idea Monday at its 6 p.m. meeting.

According to the proposed ordinances, “The expropriation of said servitudes for a grade crossing is for a public purpose, namely economic development and for access to publicly-owned property.”

Beyond the tracks at Esperanza is property owned by the school board for the Raymond K. Smith Middle School and for a possible parish multi-purpose center. Beyond the tracks at Ashton is property being donated for an elementary school and for parish recreation. A road is already under construction by Esperanza Land Co. Intended to cross the Esperanza property. No road is yet begun on the Ashton site. Asphalting the road began Thursday and is expected to be completed next week, according to Fifth Circuit Court of Appeals Judge Edward Dufresne Jr., who commented, “I believe, hopefully, we’re moving in the right direction. We were at a stalemate.”

At the Jan. 22 parish council meeting, bowing to concerns of the Fashion Plantation Estates residents, the council tabled a vote on whether to rescind their earlier permission for Parish President Albert Laque to sign the agreement with Union Pacific Railroad for the insurance agreement.

The council had already approved the same agreements for Ashton and Esperanza, but neither has been signed, pending a search for an affordable insurance carrier. According to Raymond, an estimated cost of the insurance for the two crossings was $75,000-$100,000 per year, the agreement also placing all liability on the parish, including covering any fault or negligence by the railroad, in case of an accident.

“It was kind of absurd,” Dufresne said.

Now, no insurance can be found at any cost, Raymond continued, leaving the parish with little choice but to pursue expropriation.

Meanwhile, all this leaves Dr. Ray Matherne, developer of Fashion Plantation Estates, out in the cold with no immediate prospect of an approved rail crossing at Duhe Drive.

Matherne did get permission from the parish planning and zoning department for development of his Fashion Phase Two beyond the tracks., Now, with a $2.3 million investment in phase two, with streets, grading and subsurface drainage now in place and the lots 30 percent pre-sold, Matherne is looking at a substantial loss, as he is unable to proceed with lot sales. Matherne wants to make a public crossing to connect the current first phase of the subdivision with the second phase. Eventually, Matherne hopes, Duhe Drive, which connects with the crossing, would extend all the way to Louisiana Highway 3127 and allow the construction of a third phase of homes.

Matherne said he has a wetland permit for the extension of Duhe Drive, granted March 14, to intersect with La. Highway 3127, with a wetlands impact of 1.42 acres. This will allow him to approach his Phase Two development from that direction. Construction on that road should begin soon. Matherne had no comment on the council action to expropriate the crossings.