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Hours and hours of testimony and evidence were gathered from seven
zoning board of appeals hearings, and more was heard at last week's
board-of-the-whole meeting. Planning and zoning chairman Gloria
Luster brought forward the motion, off the table, to extend
conditional use of agricultural land for the production of wind
energy. When county board chairman Dick Logan asked for discussion,
board member Pat O'Neill said, "I believe these people at least need
an explanation as to why they can't get a property value guaranty on
their property."
At that time a representative for the group opposing the wind
farm read a statement explaining their need for the plan. It said
that when Horizon first began negotiations with landowners, the
company refused to talk to homeowners. So the property owners hired
an attorney to protect their rights.
The action created resentments and alienation, "but that was not
our intention."
Their request was for reassurance through a property guaranty
plan, and they were willing to negotiate the terms. "We are only
looking to protect our biggest asset, our homes," they said.
Landfill companies offer property guaranty upfront, and a New
York wind developer does the same.
"This is the only consideration we are asking from you."
(--End summary of statement that was read)
Frank Miles, attorney for Horizon Wind Energy, then spoke in
response. He asked that the board vote for the wind farm and said
that they should, "as it complies with your ordinance and it's in
the public interest." He added, "We would ask that you not impose a
property protection plan," and listed several reasons.
The company has already offered each of the people in the
footprint of the wind farm, within 2,500 foot of a turbine, a
financial consideration. The neighborhood agreement provides payment
of $1,000 per year, escalated at 2 percent per year at minimum, or
at the consumer price index, over the 30-year life of the project.
This would amount to at least $40,500.
There is a difference between an impact and an injury as
recognized in the Logan County ordinance. Conditional use permits
will impact neighbors. The test is whether there will be
injury or not.
Property protection plans distort the marketplace; they don't
work, Miles said.
As an example he recalled a property from the Pawpaw area,
commonly referenced as 965 Bingham Road, that was given a high
appraisal of $328,000. The Horizon appraiser said it was worth
$265,000. A third "made as instructed" appraiser assessed a value
that split the difference.
Horizon bought the house at $32,000 higher than its value. It sat
on the market 800 days before the price was lowered and it finally
sold at $265,000, Horizon's original assessed value.
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Placing overpriced properties on the market would distort the market
and also affect the sale of other comparable properties nearby.
In addition, the property value plan included that if a property
owner went out and got an appraisal on their property and it had
gone down, then the property owner could ask for the difference to
be paid to them without having to move. Horizon pays appraisal
costs. The concern would be that many of the property owners would
take advantage of this at some point just because they could.
Chairman Logan asked if there were any other questions from the
board, he paused, and pointedly asked O'Neill if he was satisfied by
the answer.
O'Neill said, "Ya, that satisfies my answer."
The board approved the land use for wind power with nine voting
yes. John Stewart and Chuck Ruben abstained for conflict of
interest. Bill Sahs was absent for surgery.
Opponents to the wind farm have said that they would not let it
drop if the county passed the measure. They have 90 days to file an
appeal that would next be heard in a district court.
[By JAN YOUNGQUIST]
Related information on
the Web
Current wind farm
negotiations in other counties
Past related articles
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