Hallsville farmers face eminent domain
“It’s a rare situation involving eminent domain that leaves some wondering whether the city is overstepping its boundaries.
“Homeowners like me call it ‘government theft,’ ” said Hallsville resident Robert Cavanaugh, who said the city’s decision to opt for eminent domain made him ask the question: “What if you’re going to do that to me in the morning?”
The Martins have had an agreement with the city since 1985 to irrigate part of their cropland with treated wastewater from a holding cell, or sewage lagoon, as a way to keep effluent from spilling out of the cell and into a nearby creek. The Martin family donated 22 acres to the city to build the holding cell. The city paid for the equipment the Martins use to irrigate using water from that holding cell, which is aimed at preventing discharge.
Since 2009, however, the system has discharged several times, meaning the wastewater in the lagoon has reached a level where it exits an overflow pipe, eventually reaching the Kelley Branch creek.
The discharge and pollution of the creek caught the attention of the Missouri Department of Natural Resources, which issues the city’s sewer permit. DNR has fined the city $25,000, and a court judgment in August included a schedule of even steeper fines if the illegal sewer discharge is not stopped.”
Jackson, Jodi. The Columbia Daily Tribune 15 January 2012