Euchee Creek sewer line dispute leads to eminent domain on one homeowner’s property

A portion of Euchee Creek near Keith Finley's property. Staff photo by Skyler Andrews.

Date: June 13, 2024

Neighboring Harlem homeowners Keith Finley and Brian Clayson have not relented in their resistance to Columbia County’s attempt to seize portions of their respective properties to make way for the Euchee Creek Interceptor Project.

For over a year Finley and Clayson have vocally protested the county’s aims to install a part of a sewer line through their parcels along Euchee Creek, first via letters requesting they and three other nearby property owners sign over easement rights; then, after Finley and Clayson refused to sign, through a process of condemnation by eminent domain.

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In March of this year, Clayson and Finley aired their grievances before the Board of Commissioners, the culmination of a series of correspondences with the county, beginning in September of 2023, that led to litigation. The properties were already in condemnation by that point.

Finley still believes the county is avoiding a sensible alternative.

“We’ve spent this much money so far because what you originally did was wrong,” said Finley. “It’s like saying I’ve damaged you so much now where it would cost me more to come back and fix it.”

The crux of the two property owners’ contention is an agreement between the county and landowner Dr. Barbara Utermark to have a section of the sewer line shifted away from her property over through that of Finley and Clayson, across Euchee Creek.

“The cost to do this is you’re lengthening the amount of line, you’re buying that egress regress, and you’re affecting poor families,” Finley said. “All because of that agreement.”

Columbia County had filed a petition for condemnation, along with a declaration of taking, to acquire easements from Clayson’s property on Feb. 16.

Clayson initially saw the ensuing April 17 court hearing, before Superior Court Judge Sheryl Jolly, as an opportunity to negotiate with the county to relent his property.

“When I got there, it turned out to be that it was just to try to negotiate how much more for my land,” said Clayson. “So it was already pretty much done over with.”

Clayson opted to not return to court to pursue further action. Finley notes attempts to find lawyers to take their case have thus far not been fruitful.

On April 30, the county filed an order to show cause, ordering condemnation of the subject portions of Clayson’s land within a month. On May 2, the county filed an order granting possession of the property, compensating Clayson with $1,856.

That sum started at about $1,950 when the county first sent letters requesting the easement, Clayson said, before going up to more than $2,900 and coming back down again.

“It’s done,” he said. “I’m just going to keep an eye on my land, because they’re not coming on my land until I get paid for it.”

The county has declined to comment, however, saying the issue is still in litgation.

Skyler Q. Andrews is a staff reporter for The Augusta Press. Reach him at skyler@theaugustapress.com.

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The Author

Skyler Andrews is a bona fide native of the CSRA; born in Augusta, raised in Aiken, with family roots in Edgefield County, S.C., and presently residing in the Augusta area. A graduate of University of South Carolina - Aiken with a Bachelor of Arts in English, he has produced content for Verge Magazine, The Aiken Standard and the Augusta Conventions and Visitors Bureau. Amid working various jobs from pest control to life insurance and real estate, he is also an active in the Augusta arts community; writing plays, short stories and spoken-word pieces. He can often be found throughout downtown with his nose in a book, writing, or performing stand-up comedy.

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