OLIVIA -- Renville County will initiate eminent domain proceedings to acquire 80 acres of land to expand the county's landfill.
The County Board of Commissioners approved the action Tuesday. Chairman John Stahl cast the vote that made the resolution unanimous, but only after joining the other commissioners in expressing a preference to see the land purchased through negotiations.
County Attorney David Torgelson said negotiations could occur despite the filing of legal proceedings seeking to acquire the property. The proceedings will seek to acquire the land from Dennis and Nathan Barta. The county is seeking to expand the landfill for two reasons, according to discussions by the commissioners on Tuesday. The county has offered to landfill the ash that is expected to be generated by a waste-to-energy gasifier that is being proposed for Central Bi-Products in Redwood Falls. It needs the land to develop a cell to hold the ash.
The county is also concerned about dwindling capacity to handle municipal solid waste generated in the county. It has no more than 10 years' worth of capacity remaining at the landfill. The county needs to obtain a new state permit for the landfill by 2008, so it is planning for the expansion as part of permit application process.
The county is seeking 60 acres of land from Dennis Barta and 20 acres from his son, Nathan. The lands are adjacent to the county landfill.
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Dennis Barta has 60 acres planted into corn and has expressed his objections to its acquisition for a landfill. The loss of the land breaks up his farming operation. Barta said he cannot acquire land of equal quality and as conveniently located to his farm place.
Barta has also voiced his opposition to expanding the landfill due to its location between the two forks of Beaver Creek. He is also concerned because the expansion would move the landfill operations to a quarter-mile from his home. There is currently a half-mile distance between his home and the landfill.
The 20 acres owned by Nathan Barta is planted into grassland and enrolled in a conservation program. It directly borders the landfill.
Commissioner Paul Setzepfandt of Bird Island told the commissioners that he believes Barta raises good points. But he said for the county, it comes down to a question of whether it wishes to continue to operate a landfill or ship its wastes elsewhere at greater cost.
The commissioners indicated that they felt that it was important to continue to operate a landfill. The members said they had hoped that the property owners would have accepted an initial offer of $4,000 per acre for the land. They said they'd still like to pursue a negotiated purchase of the property.
If a purchase is negotiated, it could also include terms that would allow Dennis Barta to farm the land until landfill expansion occurs on it, the commissioners said. Once the property is acquired through eminent domain, the county would be obligated to take open bids on any land that might be available for agricultural use, according to county attorney Torgelson.
Along with directing the attorney to begin eminent domain proceedings, the commissioners authorized the county administrator to obtain an appraiser for the county. As part of eminent domain action, the county must also pay toward the costs of any appraisers that Dennis and Nathan Barta may retain.
The Bartas have retained legal counsel to represent them in the matter, and have requested county documents on the landfill, according to County Administrator Bill Wells. He told the commissioners that the request for materials is extensive and would require substantial research to satisfy.
