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'Nobody wants to do this:' controversy over eminent domain case in the Town of West Seneca

“Taking somebody's property by eminent domain is usually the last resort that you would do. They’re not negotiating."
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WEST SENECA, N.Y. (WKBW) — The Town of West Seneca had a prolonged public hearing Monday night about the rehabilitating manholes and the eminent domain of three properties.

One of the three property owners say they’re being threatened by the Town of West Seneca with an eminent domain claim.

That means West Seneca may seize a portion of their properties.

The other properties in question are residential homes.

This is all because of a sewer line project aimed at preventing flooding in the area.

“Taking somebody's property by eminent domain is usually the last resort that you would do. They’re not negotiating,” Kate Kotecki says. “Redoing easements which would allow them to have the same access of the property the same as eminent domain. Eminent domain would cost the town money.”

One alternative from the Town of West Seneca is to raise the manholes above ice flooding elevation.

The town board stressed it would protect the manholes against flood water and flowing ice.

But Kotecki’s lawyer suggests otherwise.

“One of the alternatives that they should’ve explored which are the watertight sealed manhole. If you used watertight sealed manhole,” says Ralph Lorgio, an attorney. “First of all it would’ve cost roughly a tenth of what the town spent and you wouldn’t have raised these manholes at that level.”

7 News reporter Yoselin Person spoke with Town of West Seneca Supervisor Gary Dickson who says he understands these property owner’s frustrations.

“Nobody wants to do this, but the way I look at this is a conflict between the rights of thousands of residents who deserve efficient sewer service and three property owners,” Dickson says. “ I’d like to find a solution that doesn't involve any of this.”

It’s uncertain when the next meeting will take place on this issue or when a final decision will be made.