Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Construction Damage topic
No spam. Unsubscribe anytime.
Property owner seeks damages after Argo Upper Cutoff Drain reconstruction; contractor and ACSO respond
Summary
Judy Wagner told the board spoil from the Argo Upper Cutoff Drain reconstruction was placed on her field without proper direction, harming farmland; contractor Krafft Water Solutions apologized and ACSO said damages must be quantified in writing for the board to consider.
Property owner Judy Wagner told the Allen County Drainage Board that spoil from the Argo Upper Cutoff Drain reconstruction, performed beginning Feb. 23, 2025 by contractor Krafft Water Solutions, was placed in her field and caused damage to crop-producing soil.
Wagner (18923 Monroeville Road) said she had been paid for a 25-foot easement but that soil removal and spoil placement occurred without her permission; she asked the board for restitution. Wagner and her farmer, Dave Gerardot, presented photographs to illustrate what they called lasting damage. Wagner said she provided a yellow sticky note with instructions to ACSO staff but said the spoil nonetheless ended up on her main field drainage.
Contractor Chris Krafft (Krafft Water Solutions) told the board he was concerned for crew safety when spoil was piled near the trench and that tree-protection constraints limited where spoil could be placed; he apologized that the result harmed the property but said confusion over where to leave spoil and safety concerns drove the decision. Mike Fruchey (Allen County Surveyor) explained a technical effect: "when you let that mass of weight sit there it will consolidate the soil underneath it and compact it and then when you remove the soil and try to farm it, it's probably not going to be as productive because you compacted the clay layers of soil." Drainage Board Attorney Mike Hoffman told Wagner the board can address damages but that any claim must be submitted in writing and quantified for the Surveyor's Office to analyze: "we have a request for damages to be paid, those need to be quantified so we need to know what that amount is from the property owner in writing for it to be addressed by the Board and analyzed by Surveyor's Office."
The board viewed drone footage and asked clarifying questions. No decision on payment or restitution was recorded; the board advised the property owner to submit a written claim listing requested damages so the claim can be scheduled for a future agenda and analysis.
