The Village of Northport will condemn property, if necessary, to proceed with its $15 million sewer project.

And it may need to do just that.

Council members voted unanimously at a special meeting Tuesday night to establish the process to secure easements on property needed for the project, scheduled to get under way this summer.

In a series of motions, the council authorized village President Michael Rogers to offer property owners up to 10 percent more than the appraised value for permanent easements and established a timetable for action if no agreement is reached.

Six people, including several of the 10 property owners from which permanent easements will be sought, were in the audience at the 40-minute meeting. And at least one made it very clear that an easement will not be given without a fight.

“… You’ll need to proceed with condemnation because most people are not willing to give it to you,” property owner Larry Busby said.

The 10 permanent easements are located along South Shore Drive and formerly comprised the right-of-way for the Manistee and Northeastern Railroad. The properties were purchased in 1995 from the Grand Traverse Band of Ottawa and Chippewa Indians by the Leelanau Land Preservation Company, a group formed with one specific purpose: to acquire the former railroad right-of-way, which was in turn sold to the adjacent property owners.

Rights-of-way south of Suttons Bay were purchased and now comprise the Leelanau Trail, held by TART Trails.

Appraisals completed on the needed easements will be used by the village and its legal counsel Will Davison to prepare a “good faith” offer. “Good faith” is described as “equal to or above just compensation,” but not lower.

“These will probably go out in the coming week,” Davison said.

Easements needed range from 135.5 feet to 262.49 feet in length. Appraised values for the easements range from just over $1,000 to $6,225. “Good faith” offers identified by the village begin at 10 percent higher and total more than $26,000.

After 10 days with no response from the property owner, the village president or his designee will contact the owner in an effort to negotiate a settlement. If no agreement is reached for the easement within 15 days after receipt of the initial offer, the village may proceed with condemnation.

“How long does that process take? Can it be dragged out over a period of years?” asked Busby.

“No, “ Davison replied.

He explained that once condemnation proceedings are initiated, the property owner has 21 days in which to reply. Two issues made be raised by the property owner to fight condemnation: necessity and compensation.

“Necessity has a fast track,” said Davison, adding that those protesting have 21 days in which to challenge. The issue would be heard by a Circuit Court judge within 30 days and be followed by a judge’s opinion up to 60 days after the hearing.

“Once necessity is established, unless the property owner can prove fraud, error of law or abuse of discretion, it’s an accelerated process,” Davison said.

The timetable to challenge based on compensation is somewhat slower and would be decided by a jury.

Unlike other civil actions that allow parties to collect attorneys fees assessed as part of their involvement, no such awards are issued in condemnation proceedings.

“If the municipality offers $300 for a permanent easement and the jury award is $500, challenger is entitled to one third of the difference between the two,” he said.

“It has nothing to do with the cost of legal representation.”

Thirty-seven “temporary” easements will also be needed for an anticipated one-time use. Flat rates of $32 for parcels north of Nagonaba and $80.80 for easement to the south were set by the council Tuesday night.

Council members said they were not aware of any instance in which the village had condemned private property in the past.

“The council doesn’t want to go to court, they want to build a sewer, “ Davison said.
On June 5 the village received an order of approval from the state revolving fund to borrow $13,290,000 at 1.625 percent to finance a portion of the project.