Gadsden Will PAY for a Landfill

Gadsden Times

Revenue from operating the transfer station then could be used to close the landfill properly.
But Simms and Turnbach said it is the commission’s legal position that the county is not responsible for closing the landfill.
Simms said Noble has told the commission he is interested in reopening the landfill.
Miles said his client is in negotiation with the commission concerning the property and has asked the commission not to begin condemnation proceedings.
He said they are trying to reach an agreement with the commission to have the landfill reopened but would not confirm Noble wants to reopen it.                   

 

Community leaders do not understand the value of landfills, even more so when the facilities have been closed.  The County Commission is about to be rudely awakened!  It would serve the community best to have an individual who understands the landfill licensing procedure.

Landfill Valuation

 

Choice ER

With Glenn County's landfill nearing capacity, the Board of Supervisors Tuesday approved an environmental report and authorized the process toward expanding the facility.

Glenn County Planning and Public Works has been looking for alternatives to expanding the landfill since 2005 because the facility is nearing capacity.

Deputy planning director Randy Murphy recommended the board approve plans for a expansion, lined to prevent seepage into groundwater.

The project is estimated to cost up to $5 million for the design and initial construction of the expansion.

Though expanding the landfill is aimed at extending its use 25 years, Murphy told the board he plans to only expand what he thinks would be needed in five-year increments.

"My intent is to bite it off in chunks, $5 million at a time," Murphy said.

To offset the cost, the board recently approved an increase in the landfill dumping fees. Murphy told the supervisors the county could also obtain low-interest loans through the state.

Additional environmental reports will also be done later to determine specific impacts.

Some of the supervisors voiced concern about proceeding while the county is still engaged in acquiring the leased landfill property through eminent domain, and wanted to wait.

The valuation of landfill property is a world unto itself. The adjacent vacant land has a myriad of potential alternative uses; all, which create values far in excess of what exists in the market.

 

Landfill Acquired

Orlando Press

Despite years of public disdain for the government’s ability to acquire private property through the power of eminent domain, county lawmakers pushed forward to own the land encompassing the county landfill near Artois.

With little fanfare, Glenn County Supervisors reauthorized the county’s use of eminent domain law Tuesday to obtain the land it leases and the additional property at the north end of the landfill.

“Whenever you’d mention eminent domain, you would have a public outcry that was deafening,” said Supervisor Tom McGowan. “That we’ve had no comment now indicates that we are doing the right thing.”

Glenn County Planning Director Dan Obermeyer said the county has tried to negotiate a fair price for the land with owners Patrick Foley and Robert Fumasi, but no price could be agreed upon. The landowners could not be immediately reached for comment.

Obermeyer said the county could expect to pay about $650,000 for the 451 acres.

The land was last appraised at $450,000 several years ago.

Obermeyer said the value of the land will eventually determine “just compensation,” but that the owners may argue for a higher determination before a judge.

Purchasing a landfill sounds simple. The community thinks it is 'near capacity', fully knowing it can be expanded, placing the citizens at great risk of a substantial just compensation payment.

 

Landfill Value

STPNS

After spending the good part of a couple years sending offers back and forth, commissioners authorized eminent domain proceedings a few weeks ago on a property housing an old landfill site.

Monday, the landowner and his attorney met with commissioners to discuss the situation in person.

Wabaunsee County Commissioners and property owner
Winston Amick, represented by Attorney Keen Umbehr, have been debating the fair rental rate for the property, which KDHE is requiring the county to maintain until at least 2026, with the potential for that requirement to be extended.

After several offers back and forth with no resulting conclusion, commissioners authorized the use of eminent domain to acquire the property, according to County Attorney Norbert Marek, who said that the response since that action has indicated that they would rather sell without the eminent domain proceedings.

Landfill acquisitions are difficult to value. Despite the leakage problem and the issues of single and double lining, old landfills may have substantial value.

Landfill Site

OnlineAthens, May 13, 2008

Oglethorpe County has given the owners of 79 acres on Dawson Road until June 9 to accept its offer to buy the land before it starts condemnation proceedings for the property needed to expand the Athens-Clarke Landfill.


Oglethorpe County officials agreed in March to pay landowner Anne Steiner $682,000 for the property, but the two parties have not signed an agreement.


The family has until June 9 to accept the offer or the government, which shares the landfill with Clarke County, will use eminent domain to seize the property, said Robert Johnson, chairman of the Oglethorpe County Commission.


"Hopefully, the land (deal) can be negotiated before then," Johnson said.


Kim Steiner, the daughter-in-law of land owner Anne Steiner, said in March that the family wasn't willing to sell the land but would have an independent appraiser determine its value. That appraisal was supposed to be completed by May 5, according to Johnson, but commissioners have not seen the report.


The landfill, which straddles the Clarke-Oglethorpe county line, has three to five years of space left, and the expansion would add about 25 to 30 years to its life, Johnson said.


Athens-Clarke County owns the landfill, but Oglethorpe County receives 10 percent of the tipping fees that haulers pay when they bring trash to the dump.


The state Environmental Protection Division still must approve a permit before the expansion.
In the meantime, local environmental activists have submitted petitions to Athens-Clarke and Oglethorpe county officials, asking them to reconsider their January votes to expand the site.
The decisions violate the 1992 agreement made between the two counties to close the site, rather than expand it, once it reached capacity.


"Such blatant disregard to uphold government integrity is an affront to the democratic process and constitutional protection of human rights," said Jill McElheney, an environmental activist.
State law says the agreement is not enforceable since commissions are prohibited from binding another, future commission made up of different members.


The agreement was based on the assumption that a regional landfill would be built, but that effort failed in 1998 after an outcry from residents living near 25 proposed sites. Athens-Clarke commissioners can't vote to reconsider the earlier decision since those votes only can be made in meetings that immediately follow the initial vote and before the adoption of the minutes, said Athens-Clarke County Commissioner Andy Herod.


People near landfills often have a difficult challenge when the governmental agency decides to expand the facility by involuntary (condemnation) purchase. What is seen is often much less than what is there!

Farmers Not Looking to Sell

YouNewsTV, October 17, 2007

A local landfill has agreed to pay for a much needed sewer treatment plant near Wyatt. In exchange, the landfill could purchase land from farmers without rezoning.

Waste Management has offered to pay for the $1.5 million plant, but in return, it wants an overlay district created around the Prairie View Landfill.

After criticism, St. Joseph County proposed smaller district.

The plan has undergone a few changes. But the biggest change is a contract is a contract that will require Waste Management to pay property owners for fair market value if an

Waste Management anticipates the landfill will need to expand in another 25 years. Some farmers who live next door to the landfill do not want to sell.


-Forcing farmers to lose the right and benefit of owning a farm with potential for other development in the future because of proximity to the waste site does not fulfill the basic requirement of full compensation clauses of either the Indiana or Michigan Constitutions.