Sweden moves forward with eminent domain process

Sweden moves forward with eminent domain process
Wal-Mart Supercenter on schedule

By a unanimous vote, officials in the Town of Sweden passed a resolution to move ahead with forcing a property owner to sell land in order to make way for sidewalks, bike paths and a turning lane for a Lowe's store.

Project developers first approached the town in August 2005 with a proposal to construct a 136,000 square foot store with a 28,000 square foot garden center on the southeast corner of Owens and Brockport-Spencerport Roads. It would be built on a 55 acre parcel of land. The retail facility would take up about 20 acres; the remainder of the property could be developed commercially, in phases.

The September 12 public hearing drew no comments from the audience other than a letter of opposition which was presented by the attorney for the property owners, the Dragani family.

All property owners, except the Draganis, have agreed to sell easements to their properties.

"With the procedure, we will be able to address a pressing traffic issue," Supervisor Nat Lester said. "This is a dangerous stretch of road and being able to put in sidewalks, turning lanes and bike paths will alleviate that."

Photos of the Dragani property were passed around at the meeting and it showed a property in "blight condition," Town Councilman Rob Carges said. "The comments made in the letter of opposition support our economic reasons for taking the property."

Lester read from a letter submitted by the Draganis in May to the town assessor in which they asked for a reduction in their assessment stating the property was only worth $55,000. "We received this letter prior to our starting any eminent domain actions," Lester said.

Councilman Thomas Ferris agreed, saying the property conditions show a positive reason for condemnation. "The photos show the property is abandoned, there has been no evidence of traffic in and out of the driveway," he said.

"We have no alternatives but to take this property. The Lowe's facility could be physically built with or without these improvements. The need for the turning lane, sidewalk and bike path is generated by the public's use of this major intersection in the town," Lester said. "We will make an offer to purchase the property. If it is not accepted, we will proceed with judicial alternatives to obtain the property."

After pursuing the construction of a 203,500 square foot supercenter, Wal-Mart will take possession of the building on or around November 27, Jim Morrison, of Allied Builders said. "Construction is progressing on schedule and is due to be complete and turned over to owners on November 27," he said.

The store will be located in the Town of Sweden about one mile east of Route 19 on Route 31.