Update On Land Acquisition for Townships' Airport
Posted: Sun Nov 13, 2011 3:35 pm
Update On Land Acquisition for Townshipsâ?? Airport
To Peaine Residents and Property Owners:
Lawsuit Verdict and Potential Consequences:
Last Thursday, a Charlevoix County Circuit Court jury reached a verdict in the Townshipsâ?? lawsuit to acquire land for the Township Airport. After considering evidence presented at the trial, the jury upheld the Albinsâ?? claims that the Townships took 150 acres of their property next to the Airport in August 2003 with a value of $693,000. This value is $502,000 greater than the $191,000 paid to the Albins in June 2010 and creates a potentially significant liability for St. James and Peaine Townships. The Townships are also responsible for interest from August 2003.
Acquisition of this land, including various fees and costs, (legal fees, appraisal fees, court costs) was to be financed with 95% Federal/State funds. The original amount allocated by the State for this acquisition, including fees and costs, was $300,000. The Townships were to provide 5% of the cost. At the present time, the actual amount of fees and costs for this acquisition is not known but should be known in about a month.
Additional funding from Federal/State allocations is expected to be received by the Townships to assist in payment of the costs and fees incurred in this acquisition. It is possible, however, that the allocations received will not cover all acquisition costs. In this case, the Townships will be responsible to pay the difference. The amount of additional funding or when it might be received is not known at this time. A delay in obtaining this information is expected. Using additional allocations to pay for the land acquisition may well defer other planned Airport investments for some period of time.
Significant Information about the Lawsuit:
In June 2010, St. James and Peaine Townships filed a lawsuit in the Charlevoix County Circuit Court to acquire property owned by the Albins next to the Township Airport. This property was required as a result of expanding the length and width of the airport runway in 2001. Approximately 20 acres were required to satisfy the land requirements of Federal and State aviation authorities. The lawsuit was filed under the Townshipsâ?? right to acquire private property for public need and use.
The Townships asked that the 20 acres be transferred to them for use as a â??runway protection zoneâ?. Title to the property was transferred to the Townships shortly after filing the lawsuit and $191,000 was paid to the Albins. The amount paid was based upon a professional appraiserâ??s estimate of the value of the 20 acres.
Under the law governing the taking of private property by a governmental authority, the Albins had the right to challenge the Townshipsâ?? claims concerning 1) the value of the property taken, 2) the date on which it was taken and 3) the amount of the property taken. In this type of lawsuit, the jury, after considering the evidence submitted, provides the answer to each of these issues.
The Townships claimed 1) the property was taken in June 2010, shortly after filing the lawsuit, 2) only 20 acres were taken and 3) the value of the property taken was $191,000. The Albins claimed 1) the property was taken in August 2003, 2) 150 acres were taken (all property owned near the airport) and 3) the value of the property taken was $693,000.
After nearly two days of testimony and evidence, the jury upheld the Albinsâ?? claims.
Additional Information:
As additional information is received, it will be reported to you. You may contact me by telephone (Township Hall 448-2389 or Home 448-2441 or email johngallagher@tds.net) if you wish further details.
Jack Gallagher
Supervisor
To Peaine Residents and Property Owners:
Lawsuit Verdict and Potential Consequences:
Last Thursday, a Charlevoix County Circuit Court jury reached a verdict in the Townshipsâ?? lawsuit to acquire land for the Township Airport. After considering evidence presented at the trial, the jury upheld the Albinsâ?? claims that the Townships took 150 acres of their property next to the Airport in August 2003 with a value of $693,000. This value is $502,000 greater than the $191,000 paid to the Albins in June 2010 and creates a potentially significant liability for St. James and Peaine Townships. The Townships are also responsible for interest from August 2003.
Acquisition of this land, including various fees and costs, (legal fees, appraisal fees, court costs) was to be financed with 95% Federal/State funds. The original amount allocated by the State for this acquisition, including fees and costs, was $300,000. The Townships were to provide 5% of the cost. At the present time, the actual amount of fees and costs for this acquisition is not known but should be known in about a month.
Additional funding from Federal/State allocations is expected to be received by the Townships to assist in payment of the costs and fees incurred in this acquisition. It is possible, however, that the allocations received will not cover all acquisition costs. In this case, the Townships will be responsible to pay the difference. The amount of additional funding or when it might be received is not known at this time. A delay in obtaining this information is expected. Using additional allocations to pay for the land acquisition may well defer other planned Airport investments for some period of time.
Significant Information about the Lawsuit:
In June 2010, St. James and Peaine Townships filed a lawsuit in the Charlevoix County Circuit Court to acquire property owned by the Albins next to the Township Airport. This property was required as a result of expanding the length and width of the airport runway in 2001. Approximately 20 acres were required to satisfy the land requirements of Federal and State aviation authorities. The lawsuit was filed under the Townshipsâ?? right to acquire private property for public need and use.
The Townships asked that the 20 acres be transferred to them for use as a â??runway protection zoneâ?. Title to the property was transferred to the Townships shortly after filing the lawsuit and $191,000 was paid to the Albins. The amount paid was based upon a professional appraiserâ??s estimate of the value of the 20 acres.
Under the law governing the taking of private property by a governmental authority, the Albins had the right to challenge the Townshipsâ?? claims concerning 1) the value of the property taken, 2) the date on which it was taken and 3) the amount of the property taken. In this type of lawsuit, the jury, after considering the evidence submitted, provides the answer to each of these issues.
The Townships claimed 1) the property was taken in June 2010, shortly after filing the lawsuit, 2) only 20 acres were taken and 3) the value of the property taken was $191,000. The Albins claimed 1) the property was taken in August 2003, 2) 150 acres were taken (all property owned near the airport) and 3) the value of the property taken was $693,000.
After nearly two days of testimony and evidence, the jury upheld the Albinsâ?? claims.
Additional Information:
As additional information is received, it will be reported to you. You may contact me by telephone (Township Hall 448-2389 or Home 448-2441 or email johngallagher@tds.net) if you wish further details.
Jack Gallagher
Supervisor