During the County Attorney’s report at the December 19th County Commissioner’s meeting, Jim Clevenger discussed the remaining holdouts for right-of-way acquisition needed for bridge #87 on 11th Road.
Clevenger told the commissioners the attorney for Allen and Vonda Olson filed an exception to the Appraiser Report. The case was on track for a jury trial to determine compensation to the landowners. While discussing a correction on one of the legal descriptions, the attorneys agreed that the attorney fees to litigate would far exceed the possible recovery and an agreement was tentatively reached to split the difference between the appraisal report of $4,500 and the landowners’ appraisal at $7,500.
Clevenger said the Olsons agreed to resolve the case for $6,000 for the acquisition of the acreage on both sides of 11th Road west of the Yellow River.
He told the commissioners if they are willing to fund the additional payment of $1,500 the funds will be given to the Clerk for the transfer to the landowners and a dismissal of the case.
The commissioners agreed that it was a wise decision, and a Settlement Agreement and Release were prepared and the Commissioners signed it. The vote was 3-0.
The owners of Olive Trail Farms, LLC, have not filed an exception. Attorney Clevenger will follow up with the owners to conclude that litigation as well.
According to USI, the right-of-way that needed to be acquired was completed in time for the bid letting, so the project should be on time.