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Mentone Sees No Town Liability In Property Auction

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MENTONE – Though the bank signed off on an easement before the property was auctioned, the new owner still wants the town of Mentone to pay up.
Monday night, Miles Nellans told the town council that he purchased the Tucker farm, located in the northwest corner of town, about a month ago. A map was posted at the auction regarding the stormwater tile that will go down the farm along the edge. Nellans said he was not at the auction, he was in Texas, but his son was at the auction.
Lake City Bank, who was the personal representative for the Olive Tucker Estate, signed off on the easement prior to the auction.
Nellans said digging a ditch that big, he felt, was going to damage his cropland. He asked for some compensation for the land going to be torn up by the work. He said it could take multiple years for the property to be back in full production.
His cash rent is $175 per acre. Nellans said 1-1/2 acres will be torn up, and he figured it will take at least five years to get back to full production. He asked that the town pay him about $650 for out-of-pocket costs. Nellans said he won’t farm the property himself, he rents it out.
For the total amount he was asking from the town, he said he pro-rated it. This year, he figured, he’d receive nothing off the land. Next year, he said, he’d get 50 percent, 60 percent the next year, then 70, 80 and 90 percent the following years.
Town attorney Larry Beeson told Nellans the property was sold as is. The town had approached Lake City Bank to get the easement.
“I don’t see how the town could be responsible for that,” Beeson said.
Utilities Superintendent Eric Carlin said the trench out in the field will be big. Nellans said there will be a pretty extensive compaction out there.
Beeson said that besides the easement was granted before the auction, “If the town had tons of money, it would be a different picture, too.”
Carlin suggested the council could table the matter for a month so he could talk to the project engineer. He also wanted to see if the town could pay Nellans’ request through the grant money received for the project.
The council tabled the issue until its May 2 meeting.
Town Marshal Jim Eads said he and deputy Terry Engstrand have been talking about an abandoned property ordinance. Some stuff the police department picks up and holds for a long time, and they don’t know what to do with it. The items include everything from bicycles to cell phones and other odds and ends. Eads said they probably have close to 100 items.
“I think we even have a firearm in possession. We sent a letter to the owner, but they never came and picked it up. How long do we have to hold on to it?” Eads asked.
“One’s man’s trash is another man’s treasurer, so you got to be careful there,” said Beeson.
Eads asked how long the police department has to hold on to the items before they become the town’s property or can throw it out.
Beeson said he will look into it.
Council President Tim Croy reported the town is still providing garden spots. If anyone is interested, they can call Ron Scott at 574-353-7460.
“It looks like we’ll be able to provide water for the gardens, but they will have to carry it by buckets,” Croy said.
The town also is still looking at doing a Mentone Community Farmers Market. The tentative opening date is June 18.
For more information about the m arket, contact Shelly Krueger at 574-353-8105, cell phone 574-606-7549 or at the Bell Memorial Public Library at 574-353-7234.
In other business, the council:
n Announced spring clean up will be May 18.
Croy said they don’t want stuff in the streets.
Eads said Clerk-Treasurer Barb Ross has a list in her office of what can be and can’t be put out for spring clean up. Croy said he knows electronics now can’t be put out.
n Heard from Carlin that fire hydrants will be flushed April 19-20. Residents may notice some discoloration in their water then.
n Approved a pay voucher for R.E. Crosby for $166,585 for the wastewater project.
Town council members present Monday night were Croy and Jill Gross. Kent Ganshorn was absent.