In order to build the sewers, Johnson County must obtain easements from the landowners along the route of the sewer. The easements allow the county to build and then later access the sewer, while the landowner retains surface rights. Two types of easement are required. The first one, which is requested for 3 years, provides access to build the sewer and may be quite wide (one easement request was for 100 feet). The second one provides access after the sewer is built and generally applies to a 10 foot wide strip along the sewer route. The landowner loses the right to build on the easement.
In compensation for losing some rights, the landowner is paid the difference between the value of the land before the sewer is built and after the sewer is built. The calculation includes only the land covered by the easement. So, for instance, if the rest of the owner's land outside the easement substantially increases in value because of the sewer, this is not taken into account.
When the landowner and the County cannot agree on the easement restrictions and the amount of compensation, condemnation proceedings are begun to reach a legal, enforceable agreement. The first steps in the condemnation proceedings have begun, because some landowners have not agreed to the county's easement proposals. On Thursday, February 20, 1997, the Johnson County Board Of County Commissioners considered and approved "condemnation of right-of-way in the Consolidated Main Sewer District for construction of sewer lines in the area known as Blue River Sewer Sub-District No. 6 and Blue River No. 7. Resolution No. WD 97-11." Approved minutes for this meeting will be published on NeighborhoodNet when they become available (generally within 2 weeks to a month of the meeting date).
The information for this description of the issues was provided by the Johnson County Waste Water Department. For more information about this specific project, contact Janel Hulke, Project Engineer, at 338-1300 x2141. For more information about planning and managing sewer projects in general, contact Rob Miller, Planning/Project Engineer 338-1300 x2100. Both are with the Waste Water Department.
Perspectives From Charlemagne Manor
The following comments from residents of Charlemagne Manor provide a different perspective on what it is like to go through this process. It has so far been quite unpleasant for them. [Johnson County's perspective in reply to this article also is available]
Doug Hewitt
Mr. Hewitt owns a beautiful house and parcel with acreage in Charlemagne Manor. His lot includes a creek and many old growth trees. He received a letter from Johnson County, apparently rudely written, requesting a 100 foot wide easement and allowing the County access to his property for three years with the right to cut down whatever trees they wanted without restrictions or input from Mr. Hewitt. As any homeowner would be, Mr. Hewitt is worried about what his beautifully landscaped residence will look like when the County is through cutting down trees and disrupting the creek to lay a sewer.
Mr. Hewitt is supportive of progress and does not oppose having the sewer through his property. On the other hand, he also wants to work together with the county to reach a mutually satisfactory agreement on compensation, on what trees would be cut down and on how the character of his property would be altered by the sewer construction.
According to Mr. Hewitt, the county is unwilling to look at his property with him to reach such an agreement until he first signs the easement on the county's terms. In addition, although he forbid them to come onto his land, representatives of the County did come onto his land in his absence.
Mr. Hewitt also points out that just the fact that he is involved in this situation decreases his ability to sell his house and lot at full market value.
Vernon Reid
Mr. Reid also owns one to two acres in Charlemagne Manor. His lot includes a tree line which landscapers have valued at between $20,000 and $30,000. Mr. Reid received a short, curt letter telling him to sign the rights to a 35 wide swath of his property over to the County for a 3 year period. If he did not sign and return the document, he was threatened with legal action - the County would go to court, declare eminent domain, and get the rights of way it needed to construct the sewer.
The land over which he would lose control includes over 25% of the open area of his parcel. The area which would be removed from his use has the beautiful stand of trees and is quite visible. He fears that the trees will be in jeopardy and he will not be duly compensated for his loss.
Mr. Reid wrote back and offered an alternative. He pointed out that there were already easements on his property for utilities that followed the drainage of the lot and appeared suitable for use by the County.
The County did not respond. Instead, the County sent surveyors who came onto Mr. Reid's property and staked it without his permission. Now the County has begun its condemnation proceedings, but has not notified Mr. Reid or contacted him about his letter.
Richard McMorris - Perspective Of A Farm Owner
Mr. McMorris provided the viewpoint of a person who owns a 160 acre farm. He has received a deed to sign which would provide the County easements across his property, but has had no other communication from the County.
In the last few years he also had to provide easements for a gas line. This easement was 50 feet wide, which provided enough room to move equipment across the easement. It seems unlikely to him that a 10 foot wide easement would provide enough room to move equipment if it were needed for the sewer.
Although he has no immediate plans to develop the property, Mr. McMorris notes out that if the property were platted he would effectively lose more than just the easements for building. He will not be able to build over either the sewer or the pipeline and also between the sewer, the pipeline, and the creek. Plats of the land would include odd shaped lots. On the other hand, it is probably true that the total value of all the land will increase with the addition of the sewer, assuming it would be possible to connect to the sewer.
Mr. McMorris believes that negotiations with the County over the easements may take some time to complete. On the positive side, the County is not attempting to assess the property as if the sewers across the farm were being stubbed for development purposes, which would involve an assessment for possibly millions of dollars.