County may proceed with condemnation proceedings in land dispute

An easement dispute over land adjacent to the Presque Isle County Airport in Rogers City may result in condemnation procedures taking place if an agreement isn’t reached between the county and Presque Isle Investment Limited Partnership. The Partnership’s land, which is located on the west side of County Road 451, is an area which needs to be cleared of trees, based on regulations from the Michigan Bureau of Aeronautics, so planes have a clear landing approach. The trees have to be leveled, similar to what has already occurred between 451 and US-23.

Presque Isle County commissioner Bob Schell, who serves as chairman of the Courthouse and Grounds committee which oversees activity at the airport, said there was only a verbal agreement for that easement. The value of the easement was appraised at $57,200, with the appraised value of the land being $102,000.

IN NOVEMBER 2003, an appraisal was completed by the Partnership on the 153-acre parcel; the avigation easement affects 19.35 acres. Of the 19.35 acres, 4.38 acres has trees that need to be removed. Since that date, URS has been negotiating with one of the partners in an attempt to agree to a cost for the easement. According to a letter from URS Corporation project manager William Malinkowski, the Partnership feels that the parcel has great potential value, claiming that the appraisal relates to current market value. The partnership had subdivided the land and the easement affects four parcels.

“They feel that divided, the land is worth more than the appraisal, and their last counter offer was $140,000,” stated Malinowski in a letter to county airport manager Mike Jer

MALINOWSKI WORKED with Chip Kraus of the Bureau of Aeronautics, who recommended that if an agreement could not be closer to the URS offer, “then condemnation is our last recourse.” URS and the Department of Transportation have worked together to obtain grant funding to acquire the parcel of property by condemnation procedures. Prosecutor Don McLennan said a contract for the grant funding, which includes $10,000 for attorney fees, provided $57,000 to purchase the property. The county’s share is about 10 percent for the property purchase and attorney fee, which combined amounts to $6,500.

The board authorized vice chairman Gary Wozniak, who was acting as chairman, to sign the contracts.