Two of four eminent-domain suits settled as town builds sidewalks
GUILDERLAND — The town is looking to speed up construction of sidewalks on Carmen and East Old State roads by taking portions of four properties on the thoroughfares through the eminent-domain process.
The owners of those four properties, unlike their neighbors, had not initially agreed to the proposed payments.
The town recently filed lawsuits against the four property owners — two on East Old State Road and two on Liberty Court — but has already settled two of the cases and expects the other two to be wrapped up soon.
“The four eminent domain proceedings pertain to temporary easements and acquisitions for the proposed sidewalk on West Old State Road. The temporary easements allow work in the easement area for constructing the sidewalk,” Supervisor Peter Barber told The Enterprise by email. “After construction, the easement area is restored. The acquisitions involve very small parcels for placing a 5-foot wide sidewalk well-off the paved surface. The proposed payments are based on a professional real estate assessment.”
The sidewalks are two separate projects that together comprise a total linear footprint of approximately 6,600 feet, or 1.25 miles.
The design intent, according to documents included as part of the lawsuits, is to link the specific segments to existing sidewalks near Lynwood Elementary School and the commercial districts on Carman Road, eliminating the need for pedestrians to walk on the road shoulders.
The first project involves the construction of 3,200 feet of new sidewalks along the east side of Carman Road from its intersection at East Old State Road toward Western Avenue, ending at Okara Drive.
The second project connects directly to the first, extending 3,400 feet to Hillview Road.
“Over the past year or so, the Town’s retained engineer’s acquisition team has reached out to property owners about acquiring land for construction and placement of the sidewalk. All but four property owners have since agreed to the proposed settlement and payment,” Barber wrote in his email. “To keep with the schedule to install the sidewalk this year, the engineer needed to secure the easements etc as soon as possible and commenced the legal proceedings. Two of the four owners have already agreed to the proposed settlements and payment. I expect the other two will be resolved soon.”
