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Appeals court upholds watershed assessment
By Bob Downing
Beacon Journal staff writer
POSTED: 07:56 a.m. EST, Dec 31, 2008
An appeals court has ruled that the Muskingum Watershed Conservancy District can proceed to collect $210 million in assessments to maintain and improve 14 dams and reservoirs in east-central Ohio.
The 5th District Court of Appeals in Canton last week upheld the district's assessments on 500,000 property owners along the Tuscarawas and Muskingum rivers.
The court ruled that the assessments approved in August 2007 are legal and that property owners had been provided with due process of law.
The district, based in New Philadelphia, expects to get projects under way soon, Executive Director John M. Hoopingarner said.
The major projects include repairs to the Beach City, Bolivar, Dover and Mohawk dams and the Zoar levee as the district partners with the U.S. Army Corps of Engineers. That work will cost $621 million in federal and local funds.
The Corps of Engineers manages the dams and the district oversees the reservoirs.
The assessments, to be collected on local property tax bills in 18 counties stretching from Akron to the Ohio River, are a first for the district and will bring in $210 million over 20 years.
The properties assessed would include nearly 26,000 in Summit County, 136,000 in Stark County and 16,000 in Wayne County. In most cases, the assessments would be $12 a year for residential properties and more for other properties, depending on how much water runs off the land.
The money will be used to repair dams, dredge lakes, clear ditches, protect shoreline, make sewage improvements, manage the watershed and reduce mine acid runoff.
The district also plans to establish a flood-warning system, improve key culverts and bridges, relocate flood-prone roads and remove repeatedly flooded buildings.
Assessment funds cannot be spent on recreational facilities.
The assessments have been strongly fought by a small, vocal group.
Under Ohio law, local approval of the assessments is not required.
On Dec. 19, the district's governing board approved an assessment credit for property owners paying more than $12 a year if they take steps to control storm water on their properties.
The credit — a reduction of up to 30 percent on original assessments — is available for property owners who improve sediment management, water quality and flood storage and promote watershed education.
The credit was supported by the Akron-Canton Airport and the Canton-based Timken Co.
Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.
An appeals court has ruled that the Muskingum Watershed Conservancy District can proceed to collect $210 million in assessments to maintain and improve 14 dams and reservoirs in east-central Ohio.
The 5th District Court of Appeals in Canton last week upheld the district's assessments on 500,000 property owners along the Tuscarawas and Muskingum rivers.
The court ruled that the assessments approved in August 2007 are legal and that property owners had been provided with due process of law.
The district, based in New Philadelphia, expects to get projects under way soon, Executive Director John M. Hoopingarner said.
The major projects include repairs to the Beach City, Bolivar, Dover and Mohawk dams and the Zoar levee as the district partners with the U.S. Army Corps of Engineers. That work will cost $621 million in federal and local funds.
The Corps of Engineers manages the dams and the district oversees the reservoirs.
The assessments, to be collected on local property tax bills in 18 counties stretching from Akron to the Ohio River, are a first for the district and will bring in $210 million over 20 years.
The properties assessed would include nearly 26,000 in Summit County, 136,000 in Stark County and 16,000 in Wayne County. In most cases, the assessments would be $12 a year for residential properties and more for other properties, depending on how much water runs off the land.
The money will be used to repair dams, dredge lakes, clear ditches, protect shoreline, make sewage improvements, manage the watershed and reduce mine acid runoff.
The district also plans to establish a flood-warning system, improve key culverts and bridges, relocate flood-prone roads and remove repeatedly flooded buildings.
Assessment funds cannot be spent on recreational facilities.
The assessments have been strongly fought by a small, vocal group.
Under Ohio law, local approval of the assessments is not required.
On Dec. 19, the district's governing board approved an assessment credit for property owners paying more than $12 a year if they take steps to control storm water on their properties.
The credit — a reduction of up to 30 percent on original assessments — is available for property owners who improve sediment management, water quality and flood storage and promote watershed education.
The credit was supported by the Akron-Canton Airport and the Canton-based Timken Co.
Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.
Comments
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Posted 06:11 AM, 12/31/2008
taxation without representation imagine that
Akron, OH
Posted 08:48 AM, 12/31/2008
Somehow, I don't see the majority of the property owners havin' anythin' to do with how the water runs towards the rivers. Mother nature and all that. Nor should most of them need to.
Mebbe the small vocal group should pay for the changes they fought for, since they are the ones that seem to think that others should pay for their petty dreams and desires.
Stow, OH
Posted 09:42 AM, 12/31/2008
That makes sense,tax the 500,000 people who live 100 mi. away on the high ground away from the dams,so the few people who don't won't get washed away. Ohio ,great place to grow up and then leave .
Akron, , OH
Posted 09:52 AM, 12/31/2008
If it breathes, tax it!!!!!
Posted 11:42 AM, 12/31/2008
The system of dams and reservoirs was established to reduce flooding in the whole watershed. Given that, the whole watershed should bear the cost. It's no different than paying taxes for schools even if you don't have children. The concept is that it benefits the whole community to have an educated public. If you are one of those people who are selfish enough to want everyone else but yourself to pay for things that give an indirect benefit -- get over it.
akron, oh
Posted 12:44 PM, 12/31/2008
Thank you CAV. These whiners are now complaining over 12 bucks.
Canton, Oh
Posted 04:35 PM, 01/22/2009
we are being taxed once again without any representation. Even the church is being taxed. This like taxing God. It wont be very long, until the smaller churches are completle taxed out their properties. Our govt seems to be working for itself, and sending us the people the bill. They vote themselves raises and expense acts. that suite them. The citizens of this country are not able to these things, and most of them are against it. We have no choice it seems.
