County to seek outside legal advice on Lake Emma dam issues
by Peter Jakey, Managing Editor
Presque Isle County prosecutor Rick Steiger believes the situation with the Lake Emma dam is ripe for litigation. That?s why he recommended the county board of commissioners seek the opinion of an attorney who specializes in civil land issues relating to the repair of the five-foot wide structure.
The county board was presented a resolution Wednesday from drain commissioner Charles Lyon establish a special assessment district. Instead, a motion was made to hire an attorney who can provide the county with the guidance it needs to make the proper decision.
Steiger said the issues go back 60 years when the Circuit Court set the lake levels. ?You have the county officials requesting that the lake level be set, but you are doing so on private property,? said Steiger. ?This is way beyond my capabilities. I?ve done civil work, but I?m primarily a criminal attorney. I?ve looked into the matter. I think you need somebody who specializes in this area of the law.?
Commissioner Mike Grohowski said, ?being that it is on private property, there are two issues here, maintaining the dam; two, maintaining the lake level.? ?But the other issue,? said Steiger, ?because the county had the lake level set, do we now have the liability to ensure the lake remains where it is at.?
COMMISSIONER BOB Schell said all lake levels are set by the court. ?Private individuals can?t request a lake level, they have to go through the county.? Schell, who lives on Black Lake, said there is a court-ordered lake level, with three dams controlling it. ?They all are privately owned?and there are no assessment districts.? He said the property owners are responsible for the repairs.
Last month, Ken Wilhelm, the owner of the property where the dam is located, told the board he would be willing to convey the ownership of the dam to the county. However, the access road to the dam is on Wilhelm?s property and an easement will need to be negotiated. Further information was requested regarding the actual costs to repair it before a resolution was approved, ?so, we know what we are getting into,? said Schell. The information was not made available. Wilhelm is in favor of a special assessment district, but only if it includes developed property. He commented that the dam would be in better condition if people hadn?t tried to control the levels themselves.
LYON AND several residents in the audience at Wednesday?s meeting want to move forward on an issue that has been debated for a couple of years.
Lake Emma resident Keith Radwanski said ?I think it is time to take responsibility for this. I have another house in another state with a similar dam. We had six inches of rain in one day and the dam failed. Guess what, it flooded a bunch of homes down river. You want that to happen, then you will have litigation.? Lake Emma resident Don Leugers said the dam already has failed. There is water shooting out the right side, and more water goes around it than over it. ?It?s failed in my opinion,? he said.
Lyon added that the dam is progressively getting worse. Chairman Carl Altman agrees that the project needs to move forward, but he admitted there are unique circumstances that need to be addressed. The original estimated cost to replace the dam was projected at $250,000. It since has been lowered to $130,000 to $150,000.