- Water, Sewer, Stormwater Utility Issues
Water and sewer service, storm water, energy development, land use, and other development issues affect every property owner, real estate developer, industry, city, township, and county in the State of Ohio.
Utility concerns are at the heart of each and every project across the state. We have assisted in the planning and construction of hundreds of water and sewer projects across Ohio. We combine keen insight into applicable rules and regulations with common sense and experience. We develop personalized plans to achieve the best results for our clients. While water and sewer issues are universal, the solutions to every situation are unique. For example, we have negotiated dozens of Development Agreements providing for the extension of water and sewer lines to development sites, including recoupments or credit against tap fees for such extensions. We are equally experienced at negotiating agreements for governmental entities, businesses, or homeowners to tap into and utilize water or sewer services provided by a political subdivision or private provider. We also help businesses and developers find solutions to their water needs.
From initial financing and planning concerns, to design and construction, to daily legislative and contractual needs, rules and regulations, eminent domain, easements, special assessments and all the way through litigation, our firm understands land use and development issues. Unlike others who may dabble in this area of the law, these areas are the focus of our practice and we have achieved numerous successes for our clients.
Some communities believe that combining services will lead to operational and administrative efficiencies and cost savings. Albers and Albers has the experience to facilitate these mergers. Moreover, our competitive rates and available retainer plans are attractive to local governments who need expertise without breaking the bank. When necessary, we are able to draw upon a vast network of professionals in an array of practice areas. We also routinely work with solicitors and county prosecutors wishing to stay involved with these issues.
Most projects require some type of financing, whether it be special assessments, loans and grants from OWDA, OPWC, USDA or EPA. Albers and Albers has developed relationships with these agencies over the years and can help you navigate the many financing options. We will also work with your bond counsel when needed or provide you with suggested bond counsel.
Those clients with USDA Rural Development (Farmers Home Administration) loans receive special protection under 7 U.S.C 1926(b) of the federal code. Conflict over service territory is a common problem. We frequently speak on this topic and routinely provide clarity for communities dealing with these issues. Section 1926(b) is one of the more powerful laws in the country. Eric Luckage has worked at USDA Rural Development and our lawyers offer unparalleled insight into this issue.