Easement negotiations expected to move forward, value to be determined

The Rogers City attorney handling the Presque Isle County Airport condemnation proceedings on behalf of the county board of commissioners has entered into an agreement with a Walled Lake firm that will allow the county to begin the process of securing an easement. Gerald R. Gray informed the county board at its meeting last Friday in a letter dated January 26 that he had been in contact with Jason C. Long, the attorney representing landowner, Presque Isle Investment Limited Partnership, regarding the condemnation proceedings.

The easement is needed to clear trees in the path of the runway on a parcel west of County Road 451 in Rogers City. The trees will have to be removed from the ground, similar to the way the land between 451 and US-23 was cleared. ?We have entered into a stipulated order for possession of the easement being condemned,? Gray stated in his letter to the board.

The county may take possession of the easement, as soon as the good faith funds of $57,200 being held in escrow by the county treasurer are paid to the landowner, Gray stated. Gray suggested the board issue a check to the company. Gray also said a scheduling order has been entered. This sets deadlines for the various steps in the proceedings that relate to determining the value of the easement. ?That is the next question that needs to be answered, what is the value of the easement?? Gray said on the telephone Monday afternoon.

THE MICHIGAN Department of Transportation Aeronautics Division agreed to help the county pay the legal fees to acquire the easement, but were not pleased with the progress of the case in late December. Since filing a motion shortly after Christmas, Gray has been making some headway, but it is not enough to satisfy several concerns of county and state officials. The commissioners authorized chairman Allan Bruder and prosecutor Don McLennan to send a letter to Gray asking him for an accounting of his expenses. Gray was retained a year ago at a cost of $10,000.

?We need to have a billing from him to keep the money from this grant. We need to have a billing on it of what work he has

done,? said Bruder, following last Friday?s meeting. Bruder said the county needed documentation on expenses in order to be reimbursed by the state. He also was unhappy that a $20 fee was not paid to the county clerk?s office when a motion was filed in late December. The filing fee was paid soon after. ?I have no problem there,? said Gray of presenting an accounting to the board. Gray told The Advance he plans on sending a report to the state to satisfy their concerns as well. Circuit Judge Scott L. Pavlich will now wait to review appraisals from both sides. The case ultimately may have to go before an arbitrator.

PI Investment, who owns several parcels of property in the area of M-68 and US-23, with the restrictions that will be placed on the property that has to be cleared, doesn?t believe the county has offered a fair market price.