We would like to provide our perspective to your Neighborhood Website article on the "New Sewer Project Northeast of 143rd and Mission." The Blue River No. 7 project was approved by the Board of County Commissioners on June 8, 1995, following a public hearing on May 15, 1995.
Design of the project has recently been completed. A design time of twelve to eighteen months is typical for many of the sewer projects completed by the County. Generally little activity occurs in the field during design. Primarily the activities which do occur outside of the office are surveying and utility locating. After the alignment is final, soil borings are collected to determine depth to rock and the types of soils and rock. These field investigation activities are covered under Kansas Statues Annotated (K.S.A.) 26-512I which allows the County to perform these activities without permission of the land owner and without first obtaining an easement. However, the County does provide written notification to each land owner that we will be entering their land for the purpose of surveying, collecting soil borings, etc. This same statute allows the property owner to be compensated for actual damages to the land due to these activities.
We have talked with and met with many of the residents in Charlemagne Manor and Welcreek Estates over the course of design and easement acquisition. For example, I met personally with Mr. Hewitt on April 8, 1996, at his property. We discussed the alignment and made adjustments to the alignment based on his concerns. Not all modifications requested by land owners can be accommodated in a well engineered and constructed sewer. However, we do make every effort to minimize removal of trees and other desirable features in residents' yards. Sewers rely on gravity, and so must be located near creeks and streams. Also, we have to look at the physical requirements to construct the sewers, cost, and ability to serve adjacent properties.
[Editor's note - Perspectives of residents in Charlemagne Manor and Welcreek Estates available.]
Since the design time can take close to eighteen months, sometimes it is perceived that the project is not moving forward. Therefore, the land owners are often surprised when they receive their easement request. Easements are generally not acquired until the alignment has been finalized. This is because many steps and considerable time are required to change an easement if an alignment is moved.
Johnson County Wastewater is committed to keeping sewer charges low. As part of our effort to keep sewer charges at or below their current level, we consider the cost of construction and the cost of the easement during design. Therefore, we always first request that the property owners donate the easements. All taxpayers within our system, through the payment of sewer charges on their county real estate tax bill, pay for these easements. Kansas law requires that compensation for the easement be based on the value of the entire property immediately before and after the taking of the easement.
In our easement request letter, we notify the property owners that easements which are not obtained by request will be acquired through condemnation. Usually several property owners take this statement as rude and threatening. We believe these property owners would be angrier if they received notice from the court of their hearing date without prior notice from us that this could occur. Condemnation is not intended to be a hostile process. It is an opportunity to a allow a third, neutral party to assess and assign value to the easement. Johnson County Wastewater does not select the three appraisers who assess the easements, they are appointed by the District Court.
Thank you for this opportunity to explain the status of this project. Please contact me at 338-1300, extension 2141 or at janel.hulke@jocoks.com if you have any questions.
Sincerely,
Janel Hulke, P.E.