PDT Staff Writer
Three months ago the Scioto County Commissioners passed a resolution 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.
According to court documents a “judgment entry” was issued by Judge William Marshall against David Horner who is the owner of 351 Hinkley Hollow Road, Portsmouth.
In the three page judgment, Marshall orders an easement granted to Scioto County on the property. The judgment further orders the defendants (Horner), “herein are forever barred from asserting any right, title or interest in the premises that is subject of this action. It is further ordered that the value of the property or property of interest appropriated herein and damages, if any, to the residue shall be in the sum of $700.”
The judgment states, “a good faith offer was made at least 30 days prior to the filing of this action and the parties have been unable to agree on a conveyance or the terms of a conveyance prior to the filing of the above case.”
According to Scioto County Sanitary Engineer Joe Delong, the easement runs through a portion of the front yard on Horners’ property.
The $2.5 million Edan Park Sewer project will run along Ohio 139 and Munn’s Run northeast of New Boston and will serve 245 homes and businesses.
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.
Delong said the county will have to go through a similar process with those who have not signed over easements on the $30 million Minford Sewer Project.
“We do not have a final list yet but, we hope to have that list soon. We are estimated that list will be less than 40,” Delong said. “We have suggested some changes with the engineer and they’re looking at them. That’s what will effect the final number.”
Since the Minford sewer project was announced, the county has been in the process of obtaining easements on 740 properties.
Earlier this month Delong said the county had about 90 percent of the 740 necessary easements.
The county has been told that work can’t begin until all easements have been obtained.
In March of 2010 the county was awarded a $14,912,000 loan and a $14,507,000 grant from the USDA to complete the project to install 30 miles of sewer mains and a new waste water treatment plant among other things. The proposed project will provide sewage service to 1,327 existing homes along with modest growth capacity for the entire service area.
In June of this year the Scioto County Commissioners asked the U.S. Department of Agriculture (USDA) for a three-month extension on the $30 million Minford Area Sanitary Sewer Project.
“Scioto County will not be able to meet the current deadline of July, 31, 2012, for the Minford Area Sanitary Sewer and we are requesting a waiver to the current deadline,” the Scioto County Commissioners wrote in a letter dated May 21 to the USDA.
USDA State Director J. Anthony Logan said earlier this year that if the project is not under construction or under a contact for construction by July 31, a request could be made to the White House Office of Management and Budget for a waiver only with a extenuating circumstances.
“We have no word from USDA, so we are assuming this project is still a go,” Delong said.
Delong cautioned that just because the county makes a request for an extension does not mean it would be granted.
Wayne Allen may be reached at 740-353-3101, ext. 208, or firstname.lastname@example.org.