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October 5, 2012

Road project hits acquisition phase

Dinky's not happy with land price

By Blake Chambers Washington Times Herald

WASHINGTON — After years of planning, the Cannelburg Road improvement project has entered the land acquisition phase and, during a special meeting of the Daviess County Commissioners held Thursday morning, the board authorized the initiation of eminent domain proceedings against one of the affected parcels.

Phase one of the 3.8 million dollar project contemplates the acquisition of an additional 50 feet of right of way along a 1.4 mile long stretch of CR 900E to accommodate buggy lanes. According to Daviess County Highway Superintendent Phil Cornelius, the project is currently under budget. Cornelius also said the project affects 26 parcels in all and thus far negotiations to purchase land from affected owners have been successful in all but 5 instances.

Commissioners were briefed on the status of the project Thursday morning by Cornelius and by Rick Bennitt, a right of way specialist employed by the Evansville engineering firm Bernardin Lochmueller and Associates. According to Cornelius, the special meeting was needed to provide the commissioners with information about “a problem with one of the landowners” which, if not addressed quickly, could delay the project.

The “problem” is that Jerry Fuhs, owner of Dinky’s Auction Center, and the county are several thousand dollars apart on the question of how land owned by the auction center and needed for the project should be valued. According to Bennitt, Fuhs was offered $38,720 for land that would be taken but Fuhs rejected that offer and sought an additional $87,000 for what he deemed “loss of income” the auction center would suffer as a result of the taking.

“They say they are going to loose business if they have to move their hitching posts,” Bennitt told the commissioners. He then went on to explain that “loss of business” is not considered in the valuation process “because there are so many variables.” Bennitt pointed out that negotiations are ongoing and that Fuhs subsequently reduced his demand for lost income from $87,000 to $40,000.

Bennitt provided the commissioners with a short summary of eminent domain procedure (also known as “condemnation”) in Indiana and expressed his opinion that Fuhs’ “real estate is not damaged.” He added that it will in fact be improved as a result of the project because access to the auction facility will actually be enhanced. “There is still plenty of land available to relocate the hitching posts and parking places.” Bennitt said.

Cornelius agreed and told the commissioners that he believed the amount being sought by Fuhs was “not justified.”

With the two sides so far apart, Bennitt and Cornelius sought the commissioners’ approval to initiate condemnation proceedings but stressed that in the meantime negotiations would continue. County attorney Grant Swartzentruber said he was currently working to arrange a face-to -face meeting involving Fuhs, Bennitt, and Cornelius so the parties could sit down and explore settlement options.

After discussion, the Commissioners voted unanimously to authorize Swartzentruber to file necessary pleadings to commence an eminent domain proceeding in the Daviess Circuit Court.

In related business, Cornelius presented claims from 10 other landowners for acquisition costs related to the improvement project. The claims ranged in size from a low of $2,325 for parcel # 24, to a high of $59,250 for parcel #21. The ten claims presented totaled $153,260 and the commissioners voted unanimously to approve payment. 80 percent or $122,608, will be reimbursed to the county by INDOT. The commissioners also approved a claim from Bernardin Lochmueller and Associates in the amount of $46,278 for design and environmental work on the project.

In other business, the commissioners accepted a quote from Daviess County Metal to replace the roof on the county highway department’s salt storage building at a cost of $12,685.

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