ALMA, Kansas (STPNS) -- After spending the good part of a couple years sending offers back and forth, commissioners authorized eminent domain proceedings a few weeks ago on a property housing an old landfill site.

Monday, the landowner and his attorney met with commissioners to discuss the situation in person.

Wabaunsee County Commissioners and property owner Winston Amick, represented by Attorney Keen Umbehr, have been debating the fair rental rate for the property, which KDHE is requiring the county to maintain until at least 2026, with the potential for that requirement to be extended.



Commissioners previously had paid $600 annually in rent, but a complicated second contract had left ambiguity regarding the actual rental rate.

After several offers back and forth with no resulting conclusion, commissioners authorized the use of eminent domain to acquire the property, according to County Attorney Norbert Marek, who said that the response since that action has indicated that they would rather sell without the eminent domain proceedings.

?We?ve read in the paper where the commissioners were considering possibly eminent domaining part of the landfill,? Umbehr said.

He said it is his understanding the area in question is about five acres.

Umbehr suggested that if the commission and landowner could agree on a price per acre, an easement for use of the road and a rental rate for the last two years the lawsuit could be withdrawn.

Additional costs outlined included the survey cost, appraisal cost and the cost of moving the fence.

?The rub has been how much is that land worth?? Umbehr said. ?Let?s come up with a single dollar number that would include the back rent and the price of the ground.?

Commission Chairman Ervan Stuewe asked where the fence would need built, and specifics were discussed.

Umbehr said in determining a price the commissioners should consider that the entire 50 acre tract of which the landfill property is a part always has been appraised as one lump sum, and when Amick purchased it a couple years ago he paid $1,500 per acre.

Stuewe pointed out that while most of that land is good pasture ground, the five acres of former landfill has no real value and can?t be used for anything, even grazing.

Umbehr said if there has been devaluation it is only because the county?s trash is on it.

Both parties discussed having an appraiser give an unbiased opinion as to the value of the land, but Umbehr said the appraiser would need to know an operating theory of whether to value the land as pasture ground or as ground with a landfill on it.

?I don?t think most appraisers take directions,? Marek said, adding that most appraisers would issue a standard, professional opinion unless it was an eminent domain situation where the appraiser was under a court order.

Marek added that the landfill on the property wasn?t a surprise.

?When the land was purchased, it was a known fact it already had this problem with it,? Marek said, adding that if the five acres had been sold separate from the 50 acres the resulting prices might have been different.

Umbehr said ultimately he would like his client to not lose money and not have to incur significant legal fees.

?Money spent on lawyers is the worst money ever spent,? Umbehr said, prompting laughs. Marek replied that he thought it was money well spent, prompting more laughs.

?Last year, three court-appointed appraisers zero-valued properties in Eskridge,? Marek said, getting the conversation back on topic.

Umbehr said the 50-acre tract didn?t come with the option to buy each piece separately.

Stuewe said a stipulation could restrict the future sale of the land so that if the county ever was not required to maintain the land the owner of the other acreage would have the right of first refusal, but Marek said that could be difficult to do.

?I think you?ve given us some things to think about,? Stuewe said.

Umbehr pointed out that the county made good money running the landfill when it was open and some should have been put back and pooled for long-term maintenance.

Umbehr and Amick left and commissioners went into an executive session.

Following the executive session, commissioners approved offering Amick $5,300 for the property, which includes five acres at $700 each, two years? rent at $900 per year, the county moving the fence, an easement to use the road and splitting the surveying fees 50-50.

?Based on our info we feel since the property can?t be used for anything, $700 per acre is a reasonable number,? said Stuewe.

Umbehr returned with some additional thoughts on the situation, and commissioners outlined their existing motion, which Umbehr said he would run by Amick, and if the offer was accepted they could dismiss their lawsuit against the county and the commissioners could stop eminent domain proceedings.

In other business, commissioners received word that the bottom has dropped out of the recycled paper market, which may prevent the county from being able to accept paper at its recycling center for a while.

Noxious Weed Department Director Tonya Hensley, who also runs the recycling program, said the business she sells her recycled papers to sent a fax stating that they may not accept white paper or magazines for a while because the market dropped $30 a ton on magazines overnight from $40 to $10.

In addition, Shawnee County officials have told Hensley that the plastic market isn?t strong and that they may not take plastic in the future.

?It sounds like the recycling could get interesting with the markets,? Hensley said.

She came back later in the meeting with the news that the paper purchaser will not be accepting newspaper this month and likely not in January.

She added that office paper went from bringing $110 a ton for the business to $20 per ton.

Extension Agent Kara Mayer reported to commissioners on her office?s activities since she began her position in late July, and she said the economy also is preventing them from filling their Family & Consumer Sciences Agent position. She said K-State has a hiring freeze and agents currently only can be hired from within the system and it looks likely it may be that way for the long haul.

In addition, she outlined what the office has done in terms of agriculture, 4-H and youth, community development and professional development.

Commissioners also discussed a letter from Jeff Cook, who registered to vote and cast a provisional ballot at Lake Wabaunsee. Commissioners did not count his ballot because he did not offer substantial proof that Lake Wabaunsee was his primary residence and that he had abandoned his former residence as stated on the voter registration card.