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Supervisors Again Discuss Highly Controversial Drainage Project

August 09, 2022 Steve Schwaller

(Spirit Lake)– A public hearing that was continued from several months ago into the completion of a controversial drainage project on the northwest side of the city of Spirit Lake was resumed at today’s (Tues.) Dickinson County Board of Supervisors meeting. The project has drawn ire from land owners facing significant assessments. A business owner also again today (Tues.) sought thousands of dollars in reimbursement for damages he alleges were caused to his property as a result of the project. Assistant County Attorney Steve Goodlow said that under Iowa Code, those damages shouldn’t be covered unless it can be proven the contractor was negligent. Several supervisors said that would be extremely difficult to prove in this case. Supervisor Tim Fairchild said he feels none of this would have happened if it wasn’t for the fact construction was done over an original drainage easement…

“And then of course we get tied up in the legal action. Every time we turn around there’s another $2,000 worth of legal expenses on this same project. All of it because someone has built on an easement. So people upstream that are raising corn and beans or horses or whatever, are getting hit with an incredible amount of money that they shouldn’t have to be paying. Therefore, if we approve this bill, if the court doesn’t find we can do a special assessment, go talk to your neighbors, see how they’re going to like you after this. I mean that’s wrong, don’t you think?”

In the end, the supervisors voted three-to-two to cover a total of $4,000 in damages with that money to come from retainage in the project. Fairchild and fellow supervisor Steve Clark cast the no votes, saying they feel it could set a precedent.

Jordan Moyer of the Dickinson County Auditor’s Office also stated at today’s (Tues.) meeting no assessments will be going out until litigation over the matter is settled.