Not all neighbors happy with overpass land deals

The Ohio Department of Transportation has made some Sandusky property owners happy as it purchased land to make way for a railroad overpass on the city's west side. But JoAnne Boerckel isn't one of them.
Tom Jackson
Feb 7, 2011

The Ohio Department of Transportation has made some Sandusky property owners happy as it purchased land to make way for a railroad overpass on the city's west side.

But JoAnne Boerckel isn't one of them.



Portions of Tiffin Avenue will be closed when the project is finished, and ODOT wants to acquire Boerckel's house and property at 1803 Tiffin Ave.


If she accepts ODOT's offer, Boerckel said she'll be left with $40,000 after paying off her mortgage.

After an impasse in negotiations, ODOT has filed an eminent domain lawsuit and is trying to force Boerckel and her husband out in the next month and a half.

"You make your house payments, you pay your taxes and you still get evicted from your house," Boerckel said. "I just want a little house with a garage with about an acre. It isn't like I want a mansion. Actually, I want to downsize."

Seretha Taylor's experience with ODOT has been good.

The state's offer on her former house at 1913 Tiffin Ave. was adequate -- Taylor said she and her husband used the money to move to a nice house on 13th Street.

"They paid for our moving costs," Taylor said. "They were very, very nice to us and helped us move and got us moved in."

An ODOT list shows 29 property owners have accepted the state's purchase offers. The properties will make room for an overpass just south of Venice Road, which will allow motorists to bypass railroad crossings.

ODOT has paid $750,000 so far, but still has to reach agreements with some property owners, ODOT spokeswoman Joyce Miller said.

Several property owners on ODOT's target list said they were happy with the compensation the state offered.

ODOT needs rights of way temporarily at a rental house on the corner of Tiffin and Wilson while workers move poles, but the site will actually gain more property when the work is done.

Honey Eppse said the work is taking up some of the front yard outside her house in the 1700 block of Tiffin Ave.

But Eppse added, "My house is OK."

She said ODOT made a fair offer.

"It was no problem at all," she said.

James Hiendlmayr said he is losing about 20 feet from his property in the 2000 block of George Street.

"They treated us fairly," Hiendlmayr said. "I thought it was a reasonable deal."



It Is what it is Joanne..... 


Not enough information.


Without knowing the amount of the paid off mortgage, it is impossible to know if the offer is reasonable.


A map would be nice!! Show us what it will look like when finished. AT this point, I am unsure why her property is even being bought!!


I've made it clear that I'm no fan of eminent domain when it's applied for private company use (like a case ongoing in Montana right now), or commercial gain (like it was in the infamous Kelo case in Connecticut). Eminent domain exists for matters of the public necessity (like needed infrastructure as opposed to unneeded parks), and whether one property owner likes it or not, this seems to be an appropriate application.

As long as the money is fair or better (and everybody else seems to suggest that it is), simply not wanting to move isn't enough. Besides, with the housing market the way that it is right now, most people will probably be able to get more for their money than they've got now. I may be something of a cynic, but I can't help but wonder if this is one person who's putting a monkey wrench into the works to see if she can get more than she's already been offered...

Raoul Duke

Maybe they haven't found a good place to move yet, either. I know that would take me a LONG time to decide, especially in Sandusky. I'd want to know the neighborhood fairly well.

Make sure they pay for movers so you don't have to do ANY of it. Moving is HARD work!!!

PAD4BYU's picture

 Well consider the years left on the morgage they won't be paying that every month anymore so that amout should be considered with the 40k sounds fair enough with little information givin! If your credit is to bad to purchase your small house and you don't have enough cash for it then thats your own fault atleast now you got 40k and paid off your morgage! you should be able to save up extra money every month without a morgage payment anymore! just my opinion! 


40,000.00 left over after the morgage is paid, now a days that is AWESOME. sounds like they also pay to have you moved, that is huge too..  Downsizing?? an acer of land to take car of dose not sound like down sizing, in this houseing market, with 40,000.00 down, that should buy you a real nice small house with a gerage. I wish someone would offer me this deal.

Truth or Dare

The lady says after her mortgage is paid off for a home that sits on land the State says they must have, she'll be left w/ $40K.  That's hardley enough to replace what you have/had!      ODOT wants/needs the land and is willing to take it by eminent domain?  These people shouldn't have to pay another penny on this piece of property.  .  The State should be willing to pay off the mortagage and give them what it would cost today to replace what they have, somehwere else.      There has got to be more to this than one little household holding up this long-awaited project.  By the by, with inflation over the last what, 10 yrs.,  how much more will this project be costing? 


How Much is the Mortgage(s) that are being paid off in addition to the $40,000 that they will have after the mortgage(s) are paid off?  Was this property re-financed this year? Last year?  Was it refinanced for 120% of appraised value?  There needs to be more facts to determine if this was a fair offer.   Offers in excess of the value of the replacement property and the moving expenses is not what we (the taxpeyers) should be paying.   The fact that the people being displaced have an existing mortgage means that they should end up with a new mortgage on a comparable property this is the same amount they owe on the current property.  They are entitled to be made whole.  They are not entitled to profiteer at the expense of the taxppayers.   In most cases when SR2 was built years ago, those who chose to atempt to extract more money from the state than what was the true value of the property being appropriated for SR2 received the true value minus their legal expenses when they went to court.  Either way, we will finally eliminate the safety hazard that was talked about in the 1950's as a serious life threatening obstacle.  They can't complete this project soon enough for those who have been victims of this barrrier to access to fire safety, rescue runs, getting to work, church, shopping and visiting friends and family.



if i were them, i'd want close to the appraised total value.  considering they purchased the property almost 15 yrs ago, they should net more than 40k...unless at some point they took out a home equity loan.  


Date Appraised Land Value Appraised Improvements Value Appraised Total Value Assessed Land Value Assessed Improvements Value Assessed Total Value Reason 2009/07/31 $46,780.00 $88,540.00 $135,320.00 $16,370.00 $30,990.00 $47,360.00 Reappraisal, Update or Annual Equalization              


Sale Date Sale Price Seller Buyer No. Of Properties Valid Sale Land Only Sale Deed Type Conveyance Number 5/3/1996 $61,500.00 ISAAC ZENITH H & LINDA S BOERCKEL TERRY & JOANNE 1 UNKNOWN N WD-WARRANTY DEED 00766

I don't know what the present value of this house is, but don't forget, these people have paid real estate taxes for the years that they have lived there. There is also the normal upkeep of a home. How much do they have in it above and beyond their mortgage? $40,000 is a down payment on another home. Would they owe more on a new home than their present mortgage. To some, I suppose $40,000 seems like a lot of money, but if you are an older couple looking for a comparable home, is it enough to compensate? Also, if ODOT has paid out $750,000 to 29 property owners that have accepted their offer, the average price doesn't seem like much. Are the homes in that area really that bad?


They have said they are not looking for the same as they have, they would like to downsize.


Irreguardless on what was owed on the home.. at their age.. 40,000 isnt alot to play with now these days.. especially for a home in a decent neighborhood..


re: crazzbaby

Reread the article.  They were offered what their property was valued by a state hired appraiser plus moving expenses.  The fact is that they have loans encumbering their home for all but $40,000 of its total value.  The offer from the state is not public record, but is probably 120,000 or more.  It is not the state's responsibility to buy their  house for market plus pay all of their debts.  If they owe 80,000 on their current mortgage on their current home and are relocated, they should owe 80,000 on the new home when the state finishes relocating them including their moving expenses. That would leave them in the same position they were before the move.

BTW   The word is "regardless"  .   There is no such word as irregardless.   This a very common gramatical error. 


You have all lost focus. Everyone who owns a home pays taxes and upkeep on a home. You don't get reimbursed for them when selling.

I think that 95% of the people reading this wish they could sell their house and clear $40k right now. Take that $40k, buy another $65k house, and you only owe $25k. Why is this such a big deal? The houses in that neighborhood have not appreciated over the last 15 years much if at all. Take the money and move.

I see two real issues here:
1. They have one of the largest lots on the street, and probably feel that the land is worth more than it really is.
2. Everyone else has agreed to sell, so they are trying to fleece ODOT for more cash knowing they are the last ones standing in their way.

Also, does this mean the Tea House will be gone?

here in ohio

Sounds like they want their cake and eat it too !!


According to the publicly accessible computers at the Erie County Recorder's Office, there are 3 liens against this property. 1) An "open-ended mortgage from 01/03/2001 for $49,500    2) a mortgage from 09/13/2001 for $53,000 and 3) An open home equity loan account for $5,000.  The gross total of these three was initially $107,500.  Add to those the $40,000 that the Boerckels said was all they would have to buy another home would be $147,500 plus moving expense.  This assumes no paydown of the first mortgage.  Considering they should have paid down the first mortgage for over 9 years resulting in somewhere near a $40,000 balance.   If this is correct, the State's offer would have been around $134,500 plus moving expenses.  The auditor's office appraisal of the property is $135,320.00 in 2009.   Considering the value of most real estate in the city is down substantially the past two years,  where's the beef ??


VENERABLE VETERAN, great comment you really did your homework, its nice to see facts being used.

Julie R.

Sam: I use facts, too, according to the publicly accessible computers at the Erie County Recorder's office. I just wish that Barb Sessler would make all these publicly accessible records viewable on her website!


Julie R I don't remember pulling you chain or should I say tinfoil.  Who asked you, this is about the overpass not your fantasy issues.  Its really not always about you. You seem to stalk every article....

Woody Hayes

The only facts that you use are beamed down from the mothership.

Julie R.

I've got facts from the Erie County Recorder's office, too. Lawyers Title found the same facts. It's a fraud Quitclaims Deed #200202036 prepared by the Lorain County law firm of Baumgartner & O'Toole. I really think Sessler should be making all fraud documents viewable on the recorder's website!


Tinfoil has ALLEGED facts and yet does not use them?  I agree with the wisdom of Woody, beep,beep, beep,beep

Woody Hayes

Beep beep beep beep beep.................