County to take 11 to court over easements
PDT Staff Writer
The Scioto County Commissioners adopted a number of resolutions Thursday that allows them to take to court those who refuse to sign easements for the proposed Minford Sewer Project. A total of 11 resolutions were adopted by the commissioners.
The resolutions state, “In accordance with section(s) 307.08 and 163.01 et. seq. of the Ohio Revised Code, the Board finds that it is necessary and its intention to forthwith obtain and take possession of and enter upon and occupy the property appropriated.”
Appraisals were done by the county on each of the easements in question.
“These are resolutions we have to adopt to acquire 11 pieces of property,” said Skip Riffe, Chairman of the Scioto County Commissioners.
In July the county sent letters to 70 residents in the effected area that had not at the signed over an easement on their property to the county.
The letter stated, “Ohio law authorizes the board (of commissioners) to obtain your property or an easement across your property for certain public purposes.”
In the letter, the county offers the resident a waiver on the $450 tap fee in exchange for title on the easement.
“The current tap fee and inspection cost is $450. A tap fee is required for all new connections to the sewer system,” the letter read.
The county has been in the process of collecting an estimated 740 easements necessary for the project. 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 loan and a $14,507,000 grant from the U.S. Department of Agriculture 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 USDA for a 3-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.
The county just went through this same process with one easement necessary for the Eden Park Sewer Project.
Once installed, the Eden Park Sewer Project will run along Ohio 139 and Munn’s Run northeast of New Boston and will serve 245 homes and businesses.
Scioto County Commissioners passed a resolution earlier this year 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.
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.”
Wayne Allen may be reached at 740-353-3101, ext. 228, or email@example.com.
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