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County to use eminent domain for sewer project
Jun 19, 2012 | 3041 views | 2 2 comments | 5 5 recommendations | email to a friend | print

WAYNE ALLEN

PDT Staff Writer

The Scioto County Commissioners passed a resolution Tuesday authorizing the “quick take” by eminent domain for an easement on the last parcel of property necessary to start construction on the Eden Park Sewer System.

The $2.5 million project will run along Ohio 139 and Munn’s Run northeast of New Boston and will serve 245 homes and businesses.

The easement is for 351 Hinkley Hollow Road, Portsmouth, which is owned by David Horner.

According to Scioto County Sanitary Engineer Joe DeLong, the easement runs through a portion of the front yard on Horners’ property.

According to an appraisal conducted by Sarah Veazey for the Sanitary Engineer, $700 is the fair market value of the property.

DeLong said if all goes according to plan, the project could be under construction in the next couple of months.

“There is a possibility we could go to bid next month on this project,” DeLong said. “After you go to bid you typically have to wait 30 days before bids are submitted. After the low bidder is determined. It take 30-60 days to obtain a contract with that contractor.”

Horner could not be reached for comment.

DeLong said someone from his offices has been in contact with Horner several times trying to reach a resolution.

Wayne Allen may be reached at 740-353-3101, ext. 208, or wallen@heartlandpublications.com.



Comments
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yojoe
|
June 20, 2012
Here we have the 20th. Century Municipal Government coming to Scioto County?

Will the users pay a tap on fee? Not mentioned in the article though they start to get into that talking about the appraised value of the property being $700? Is that for the whole property or just the easement property and will they pay for the acquirement of the easement property or just easement rights? Not mentioned in the article.

Will they get a free tap on for the easement? Do the land owners have legal representation or have to take what the county tells them?

Where's the dude who was the real estate guy doing the negotiations? Is that the one in this article as "someone from his offices?" Top secret vis a vis transparency or don't appreciate enough the employee to give s/he recognizable press?

Is this David related to the X-Chief Horner running for County Sheriff?

Is this a tutorial for us readers? Are the Leaders learning as we go along too, for the story is not complete, not asking enough questions or not being told enough information, or just selected information?

And what about the Federal deadline, the big deal with last article or two?

xcitizen
|
June 25, 2012
yojoe, you are asking some very specific questions that really aren't what this article is highlighting. The main point here which PDT did not really hit on is that up until about 2 weeks ago, "quick take" could not be used for sewer projects. Now it can. This is probably one of the first projects in the State of Ohio to do that. This is the important part, not the negotiation of the easement. This wasn't an article about how the government is ripping off the community, sewers are a good thing. I will answer a couple of your questions though as I am an acquistion agent that buy's properties for "quick take" eminent domain issues. First of all let me clarify. The sewer folks have always had the right of Eminent Domain, taking private land for public use, they have just never had the right of "quick take". Quick Take means they can deposit the monies offered with the courts and take possession of the property no sooner than 30 days after the offer is made. The property owner, if not satisfied with the offer/negotiations can argue in court for the amount of monies to be paid above and beyond the fair market value, which was offered, (determined by an appraiser in most cases) for the property to be acquired. The entire property is not valued. Only the area that will be encumbered by the easement. I am not sure what you mean by will they pay for the acquirement of the easment property or just the rights. The definition of an easement is giving up certain rights, title never changes. The owner still owns the property. If they were to buy the property outright it would cease to be an easement. So they can only buy rights when buying an easement. The question is how much of the rights are they buying. Typically sewer easements run 50% of market value but that can change depending on the how the easement is written. Rarely are tap fee's waived as if they are the cost is just distributed to the rest of the people on the system which probably had to pay a tap fee when they got on. It is a benefit to the property owner and it will have a direct affect on value. Also in some cases the property owners are not forced to tap, not sure what the case is here, but my guess is right now these properties are probably dumping straight into a creek that the kids play in. So it is a good thing to direct fecal matter to the appropriate place and if it costs the land owner a little to do that then good for all of us. The article makes no mention of the other properties on this project which leads me to believe everyone else signed up and said hey, public sewer is a good thing. This guy is probably asking for $10K on a $700, 3 foot wide easement. Remember this is tax money, you don't want your goverment employees squandering it do you. It is not free money from a bottomless pit. This is my and your tax dollars. 95% of the time the reason a person does not sign for eminent domain is because they have unrealistic expectations not because the offer wasn't fair. But once againn not the point of this article. The point is sewer departments now have quick take authority on eminent domain projects.
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