Northbrook trustees invoked their powers of eminent domain to acquire land for a sidewalk in front of a Techny Road home whose owner refused to sell the desired parcel to the village.
The sidewalk is needed to improve the safety of pedestrians, in particular students walking to and from Glenbrook North High School and Maple Middle School, Village Manager Cara Pavlicek said.
“It’s a gap in the sidewalk and it’s a school route,” Pavlicek said. “There is sidewalk leading up to it and then there’s no sidewalk. We have sidewalk for every other property but one.”
The Village Board voted unanimously to allow Pavlicek and Village Attorney Steve Elrod to use eminent domain to acquire title to a portion of the L-shaped parcel at Techny and Greenview roads.
Under eminent domain, the village has legal authority to take property for public use. In this case, Northbrook made an offer on June 19 for the 10,791-square-foot parcel, but the owner rejected it, Public Works Director Kelly Hamill said in a report to the board.
“The village has been attempting to engage the owner of the property in good faith negotiations with the goal of reaching a mutual agreement on a price at which the owner would be willing to sell the acquisition area of the property to the village,” Hamill said. “The owner has informed the village that they are unwilling to accept the village’s offer.”
Henrique Bucher, who owns the property, declined to comment.
Elrod did not return telephone calls seeking comment on the proposed purchase price, nor why Bucher rejected it. A records request seeking the price is pending; check back at chicagotribune.com/location/illinois/cook-county/northbrook/ for updates.
The property where the sidewalk will be sited extends about 160 feet along the northern edge of Bucher’s property on Techny and then about 200 feet south along Greenview, Hamill said. The desired parcel is about 33 feet deep, he said.
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“It’s a corner lot,” Pavlicek said. “Techny will have the sidewalk. The walking route for the schools is along Techny.”
Pavlicek, who has served as village manager for three years, said she is not certain when Northbrook last used eminent domain to acquire property.
“This is the first time since I’ve been here,” she said. “There have been water and sewer projects where we acquired easements. That is usually where you see the biggest risk, but I don’t think eminent domain was used on any of those. We were always able to work on an easement.”
Pavlicek said Bucher’s property does not currently have a sidewalk, because Techny is one of the older roads in Northbrook and was probably originally owned by Cook County.
“The people’s property line might go into the street,” she said. “That’s why the shape configuration might be kind of odd.”
Pavlicek said she did not participate in the negotiations with Bucher, nor has she spoken with him about the property.
“I did not deal directly with the owner,” she said. “The village attorney handled all communications.”
Pavlicek said she is not sure why Bucher rejected the offer.
“With eminent domain, it can be non-responsiveness or the inability to move forward or have a discussion related to price,” she said.
The village’s offer was based on an independent appraisal prepared and submitted by a state-certified appraiser in an effort to “acquire the property at a fair price in a voluntary transaction,” Hamill said.
The ordinance approved by the board declares that acquisition of the parcel is “necessary, advisable and in the best interest of the village,” he said.
“The acquisition of the property will further the development goals of the village, as well as promote public health and safety by allowing the village to connect the sidewalks along Techny Road and Greenview Road,” Hamill said.