Blanchard River benching project hits snag

A two-year land fight with a property owner along the Blanchard River has the first project to bench the river stopped at 98% complete, according to Steve Wilson, project manager for the Hancock County Board of Commissioners. The commissioners filed an eminent domain action in Hancock County Common Pleas Court in May 2021, asking the court to force the sale of about 1.3 acres of a 2.9-acre parcel on Howard Street. That parcel is owned by Performance R&D LLC, 331 Clinton St. Commissioners Tim Bechtol, Michael Pepple and William Bateson all voted in favor of filing the action at a meeting held in April 2021. The authority of eminent domain allows government entities to seize private property for public use, but requires that fair market value be paid for the property. In the court filing, the commissioners argue the land is needed for restraining barriers and the relocation of a bike path. It states that both are needed for public safety, and all the work is meant to "reduce the effects of potential flooding for public use and benefit." The commissioners have offered Performance R&D $6,000 for the property based on an appraisal, ordered by their office, that set the amount as fair market value for the 1.3 acres. The Hancock County Auditor's Office sets the value of the entire 2.9-acre parcel at $18,120. In November, Performance R&D, owned by James N. Bowser, filed an answer to the lawsuit, stating that the property in question is "far away from the Blanchard River and the sole purpose of the appropriation is to construct a multi-use bike path," which the company argues is not necessary. The company also says the sale will lower the value of the remaining parcel, and that the board of commissioners violated its land rights by trespassing "with heavy equipment for the purpose of removing trees and brush to clear a wide path to allow the public to cross its land, without permission or privilege, and is continuing the trespass, all to Performance's damage." Performance R&D is asking the court to dismiss the commissioners' petition, and if not, to award the company payment for the partial parcel, compensation for the lost value of the residual property, and the cost of attorney and appraisal fees. The company had asked that the amounts be determined by jury, but recently requested nonbinding mediation. Judge Jonathan P. Starn consented to the mediation in an order issued Dec. 10. Wilson said a meeting will be scheduled with the mediator to resolve the issue. "We negotiated with the owner for over two years, but were unable to reach an agreement," Wilson said. Bowser said there's "Nothing good to say about the problem the government is creating with my property. Bike/walking trails/paths don't justify taking land from owners." Property already owned by the city and the county flanks the Performance R&D lot both up and down the river. The $6.1 million project widened the river by cutting "benches" into the north riverbank for about 3,500 feet between the Norfolk Southern Railroad bridge and Broad Avenue. The benches are meant to increase the river's capacity during floods. So far, flood mitigation efforts already in place — the benches and efforts to clear the floodway of structures — are expected to lower the level of the Blanchard River at Main Street, Findlay, by about 6 inches during a 100-year flood event. Property acquisition is now underway for a second set of benches, also to be built along the north side of the river, from the Main Street bridge to the Dr. Martin Luther King Parkway overpass at East Main Cross Street. The eminent domain action marks the first filed in Hancock County due to flood mitigation. Grant: 419-427-8412