The Village of Bergen held a condemnation hearing on June 27 for six Sweden properties whose owners have declined to sign easements that would allow the village to erect utility poles along West Sweden Road. A hearing for Town of Bergen property owners who have not signed easements for the same purpose was held the night before.

Since 1987, the Village of Bergen has been planning for the powerline that would supply additional electricity to its municipal electric company. It all began with a request by a Bergen business for more power, according to Mayor Jim MacConnell. During the 1990s, Bergen negotiated an agreement with Niagara Mohawk that would have the village construct and own the line, while Niagara Mohawk would perform required maintenance. The 34,500 volt transmission line would start from Niagara Mohawk’s main lines on Fourth Section Road in Sweden and run down West Sweden Road through the Town of Bergen to the village.

According to MacConnell, the line is needed to supply power to an area that includes the Village of Bergen, Elba, Oakfield, Churchville, Byron and Caledonia. Bergen attorney Richard Curtis told Sweden residents at the condemnation hearing that Bergen is technically in violation of its agreement with Niagara Mohawk because the deadline for construction of the line has already passed. He said that Niagara Mohawk could choose not to sell the village supplemental electricity across lines that are near capacity use and force the village to "shed load" – cut power to some customers.

The Sweden property owners question the true need for the line, but more than that, they question the planning process and Bergen’s unwillingness to compromise on some issues. Sweden residents say they have been given erroneous and incomplete information about the project, and that suggestions for alternatives have not been taken seriously.

Two sets of utility poles already traverse West Sweden Road. Residents don’t want a third set passing their homes. They have asked Bergen to bury the new line, locate it on existing poles or run it down a less populated road. Bergen officials say their engineers have recommended the proposed route as the most feasible. MacConnell also said that he firmly believes that the other utilities on West Sweden Road will eventually relocate to Bergen’s poles resulting in the removal of some of the existing poles. But none of the utilities has formally committed to that scenario.

Also contributing to the conflict is the size of the easement requested. Niagara Mohawk requires a 50 feet wide easement for maintenance access. Yet the Village of Bergen has asked property owners for different easements – some only 25 feet wide, others 33 feet wide, leaving some property owners wondering why they should have to give up 50 feet of road frontage.

Jim D’Amico, a homeowner whose property is being condemned, said the 50 feet wide easement will come to within 12 feet of his house and that he wouldn’t have the necessary room to replace his septic leach lines. He has asked Bergen to have his property assessed by a third party because he believes Bergen’s offer of one dollar per linear foot of frontage "doesn’t adequately compensate me for the change to my property."

Sweden property owners also object to the proposed removal of trees that serve as windbreaks, privacy screens and landscaping accents. They say that Bergen’s plan doesn’t include adequate compensation for the removal of the trees, nor does it limit the scope of the removal to residents’ satisfaction.

"We have nothing to gain and everything to lose if Bergen prevails in this process," said West Sweden Road resident Karen Gabriel. She expressed frustration that Sweden residents’ property can be taken by a government entity in which they have no representation.

The four Bergen trustees and the mayor have 90 days following the conclusion of the condemnation hearings to vote on whether to proceed or not. If they vote to proceed, the easements will be taken legally and residents can opt to accept the one dollar per foot offer, accept the offer but reserve the right to ask for increased compensation from a court, or reject the offer.

Sweden Supervisor Buddy Lester asked Bergen trustees and legal counsel to work harder at solving some of the issues before condemning the properties. "These are good people here and they’re your neighbors," Lester said. "Why can’t you take the time to listen to their concerns and take the extra step to settle this before it gets to condemnation?"