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Mercer County commissioners reject $28,000 easement offer in long-running Eighteenth Street dispute
Summary
After hours of debate, the board voted to reject a $28,000 offer to acquire a private easement for a short stretch of Eighteenth Street Southwest tied to a planned mine reclamation project, leaving the county and the mine company to seek other options before a future construction window.
Mercer County commissioners voted to reject a $28,000 offer to acquire an easement on a short stretch of Eighteenth Street Southwest that the county previously closed and that North American Coal has said it will rebuild as part of its mine reclamation obligations.
The vote came after more than an hour of discussion over legal history, future maintenance costs and whether the county should pay to restore a road that some commissioners said few residents will use. Commissioner Jean said the county previously closed the road and that the commission must decide whether to secure an easement now or to document an impasse so the mine company can proceed consistent with its agreement.
Why it matters: The easement is tied to an agreement in the mining lease that conditions mine reclamation and public access on the county’s ability to secure rights to the road corridor. If the county cannot obtain a county easement, the mine company may build private access for landowners, but the county will not hold the easement or responsibility for long-term maintenance. The decision affects taxpayers, future maintenance obligations and the timeline for reconstruction linked to the mine’s reclamation schedule.
Commissioners and legal counsel debated three practical issues: whether the road would significantly shorten travel for many residents, whether the county should spend taxpayer money for what some described as a largely private access benefit, and how much leverage the county has in negotiating with the mine and the private owner. Commissioner Casey said he preferred the mine rebuild the access as a private road rather than obligate county resources. Attorney David Surley, representing North American Coal, asked the board to adopt a clear timeline for a final decision so the company can plan reclamation work.
The board’s action: Commissioner Mark moved to reject the $28,000 offer; the motion carried with recorded aye votes from Mark, Jamie, Rick and Jean. The commission recorded the action as a rejection of the particular dollar offer and left open the option to revisit the question after further negotiation with the mining company and landowners.
What’s next: County counsel and staff will work with the mine’s representatives to document the commission’s decision and to schedule follow-up; the board asked staff to place a final-resolution item on the agenda for the commission’s next meeting (the board discussed August 20 as the next meeting date for follow-up). The mine’s attorney said the company will cooperate in producing any paperwork the county needs.
The discussion preserved options for the county: formally document an impasse so the mine knows the county will not secure that easement at the offered price, attempt further negotiation with the mine and landowners, or bring a different offer back to the board for consideration.
The motion to reject was recorded as a formal board action.
