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Oshkosh plan commission recommends easement to formalize unrecorded storm sewer despite homeowner objections
Summary
The City of Oshkosh Plan Commission voted 5-2 to recommend acquisition of a storm‑sewer easement that staff says covers an existing, unrecorded pipe under properties on Somerset Way and Jackson Street. Homeowners said they did not know the pipe existed and worried about damage to trees, fences and yards.
The City of Oshkosh Plan Commission voted 5-2 to adopt staff findings and recommend acquisition of a storm‑sewer easement that runs through private yards at 3820 Jackson Street and 3835 and 3847 Somerset Way.
The item drew multiple public objections from nearby homeowners and several technical questions from commissioners before the roll call. City staff told commissioners a storm sewer exists under the properties but that the city has no record of when it was installed. Staff said television inspection confirmed the pipe and that fence posts have been driven through the top of the line.
“Again, I I think we just wanna reiterate that we are against this,” said Connor Miller, who identified himself as a homeowner at 3835 Somerset Way. “We did not know about the pipe, did not know about any potential damage, did not know of any record of easement on our property. We had no existing knowledge.”
Planning staff said the purpose of the recommended easement is to protect the infrastructure already in place and to provide a legal right for the city or utilities to access, repair and maintain that storm sewer. Staff described next steps as negotiation with an acquisition specialist to define easement terms and potential restoration work.
Commissioners pressed staff on liability and costs. The staff presentation indicated the city’s stormwater utility would likely cover the cost to repair or rehabilitate defective pipe and that specific terms for removing or preserving trees, fences and other improvements would be negotiated as part of easement acquisition. A staff member also noted state statutes give the city authority to obtain easements for public health and safety when necessary.
During discussion, Vice Chair Kiefer and other commissioners urged that the Common Council consider protections or compensation for homeowners who unknowingly built on or near the unrecorded pipe. “I would ask the council to make sure that the homeowner doesn't suffer for costs that are incurred to make this thing legal and appropriate,” Kiefer said.
The Plan Commission’s recommendation will be forwarded to the Common Council for final action. The roll call on the motion showed five ayes and two noes: Council member Bulow, Mister Rucker, Miss Davey, Mister Lowenstein and Vice Chair Kiefer voted yes; Mister Pollock and Chairman Perry voted no.
Commissioners who voted yes said the easement process would allow the city to secure and fix critical drainage infrastructure; those voting no expressed concern about imposing potential burdens on homeowners without clearer compensation or mitigation plans.
The homeowners who spoke requested clearer answers about when the pipe was installed, whether title searches should have revealed the pipe, and what specific restoration the city would commit to if yard areas or plantings must be removed.
The Plan Commission record indicates the city will pursue formal acquisition negotiations and that staff will provide more detail to council on cost and restoration responsibilities during that next review.
