![]() ![]() All property is subject to change, withdrawal, or prior sale. ![]() ![]() The Broker (Whitetail Properties) does not assume liability for typographical errors, misprints, nor for misinformation that may have been given to us. The information contained herein is deemed reliable but is not warranted or guaranteed by the Broker or Seller. ![]() Otherwise, the fee participation will be at the sole discretion of the Broker and Whitetail Properties Real Estate, LLC. If exact measurements, access to property, or access to utilities is a concern, the property should be independently measured or investigated by the prospective buyer.īuyer’s agents must be identified on the first contact with Broker/Agents and must accompany the buyer on showings to receive full fee participation. Access to property, access to utilities, or any measurements including but not limited to, acreage, square footage, frontage, and mapping boundary lines shared herein has not been independently verified and is for purposes of marketing only. I understand it may be very expensive to do so, but that is not within the purview of the county.”ĭunn said he is considering legal action.The information contained herein is deemed reliable but is not warranted or guaranteed by the Broker, its Agents, or the Seller. He has every right to take reasonable steps and a ditch could solve it. We can’t go on to anyone’s private property and make their ditch better. “Quite simply, we disagree with his premise. “I suppose that argument is best to have in the courtroom where each side can present their case. “I understand that he’s angry, and right now, I’m not sure I know of an amicable solution,” Bennett says. They have showed me no paperwork, no authorization.”Īnd now the situation seems to be in the hands of lawyers.īut, believe it not, Dunn and Bennett actually agree on something – a ditch likely would solve the problem. But no one can show me why this culvert is here. “I’ve since brought in more dirt to level the property out or stop some of the water. They even dug it wider and deeper than it had been before. “They just showed up, no notice, no anything. “They dug that (expletive) hole and it immediately flooded my property,” he grimaced. “The Ohio Revised Code 315.13 explicitly states that the engineer shall, not could, but shall correct this issue. “But he clogged up the culvert, and that significantly increases the risk of flooding and affects safe travel on the roadways. Dunn has every right to protect his property from flooding by any reasonable means, and I respect his right to do that,” Bennett said. 27, the county did just that with a crew of about a dozen workers and heavy equipment. He said he purchased soil, brought in a tractor and dump truck, and plugged the culvert, essentially creating an earthen dam.ĭunn said the procedure helped greatly, but he quickly was served with notice from Erie County officials to remove the dam or it would be removed for him, and that he would have to foot the bill.īennett and Erie County Engineer Jack Farschman worked with the Erie County commissioners to gain approval to remove the dam and re-open the culvert.Īnd on Dec. So, Dunn decided to take matters into his own hands. “We have absolutely no authority to dig a ditch on private property,” Bennett said. This specific culvert, according to Bennett, has been in the county inventory since 1976.ĭitches, on the other hand, are on private property and the county, nor any other government body, has the authority to dig ditches nor improve private land. When it rained, it was like a rushing rapid.”Įrie County Assistant Prosecutor Charles Bennett explained that if a township road is between two county roads, as this property is, indeed it is the county’s responsibility to maintain the culvert. It was always the same (nonsense) and they told me there was nothing they could do. We’ll save time and we’ll help each other out. I told them I would even help with my tractor or whatever they needed. “I offered to provide them an easement so they could dig the ditch and clean it out and maintain it. New public water fountain comes to Wellington ![]()
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