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Ruling could aid in setting sewer easements' value

A court ruling has been issued that could bring together property owners and the Village of Northport on the value of easements needed for the Northport/Leelanau Township sewer.

Circuit Court Judge Thomas G. Power Tuesday ruled that easements held by Consumers Energy in the former railroad corridor south of Northport do not prevent property owners from building structures or using the area not occupied by power lines.

The finding is expected to help in the process for determining a value for the property, and in turn what is considered “just compensation” for the needed easements.

“The village position is that even though we’re taking 95 percent of your property rights, we only owe you 3 percent of the value of that property because Consumers already has the right-of-way,” said Chris Bzdok of Olson, Bzdok & Howard, attorney for seven property owners from whom easements are sought.

The village is seeking control of the center 40 feet of the former railroad corridor purchased by the adjacent property owners in the early 1990s. Power issued an “order for interim possession” May 20 that allows contractors access to the property. However, the property owners and the village have not been able to come to an agreement on the value of the property.

Will the court ruling bring the negotiating parties together?

“I sure hope so … $1,500 to take over all the rights for 8,000 square feet of property. It’s not right,” Bzdok said.

Appraisers for the village place the value of the easements from $5 to $18 per square foot. The property owners’ appraisals range from $6 to $13 per square foot.

The formula also includes a percentage of the property rights lost.

Contractors are scheduled to have the sewer on line by July 31.

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