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Commissioner presses county on Panther Creek easements; engineer explains stormwater maintenance thresholds
Summary
Commissioner Marksberry told the fiscal court he found more than 170 permanent easements for Panther Creek and accused leadership of withholding that information; the judge said easements appear to be in favor of the Army Corps of Engineers and Engineer Duper said the county will clear creek blockages that meet the stormwater policy thresholds.
Commissioner Marksberry told the Daviess County Fiscal Court on March 12 that he had found more than 170 permanent easements that allow maintenance along Panther Creek from Green River to the Ohio County line and accused county leadership of failing to disclose that information to the commissioners.
"This is poor leadership and shows a lack of caring for our farming community and for the public safety of our neighbors," Marksberry said, pressing the judge on why the easements had not been disclosed earlier. He said he would deliver copies of the easements to the county attorney for the permanent record.
The judge responded that his understanding was the easements were in favor of the U.S. Army Corps of Engineers, not the fiscal court, and that he would review the documents Marksberry offered. "I believe those easements are in favor of the Army Corps of Engineers, not Daviess County Fiscal Court," the judge said and acknowledged he had been shown one easement previously.
Engineer Duper clarified the county's stormwater maintenance policy and when the county will act to remove obstructions. "We have a approved stormwater maintenance policy where if the creek is blocked over 50% of the width and the depth that's over 40%, we go in and we will remove those blockages from the creek," Duper said. He added the county does not remove every small log or debris but will clear obstructions that meet those thresholds; Panther Creek is one of the creeks covered by the policy.
Next steps recorded in the meeting: Marksberry said he would hand the easement records to the county attorney to be placed on the public record; the judge said he would review the materials. No formal directive or vote to change maintenance practice was recorded during the meeting.
Why it matters: The exchange concerns who has authority to perform maintenance and whether county officials had visibility into existing easements that affect drainage work and farm safety. The engineer's description of the stormwater policy clarifies the county's intervention thresholds but does not resolve ownership or historical communication questions.
