After failing to reach an acceptable settlement with the owner of a private residential road adjacent to Sandy Hook Elementary School, the town has sought and received court authorization to take an underground right of way to stretch new gas utility pipes to the school site by eminent domain.

According to Columbia University Law School, “Traditionally the power of eminent domain has been exercised for the construction of large public projects, but its use is beginning to be broadened to projects involving not ‘public use’ but ‘public benefit.’”

This latest action, which was revealed during action by the Board of Selectmen on May 18, is the second time the use of eminent domain has been proposed related to the new school project. Selectmen this week agreed to issue authorization to Eversource energy company to complete its gas line installation under Crestwood Drive, which is a private road First Selectman Pat Llodra said is owned by Nancy Duhamel.

The receipt of that underground easement and the related trenching work being performed by town crews, and the eventual installation of gas utility lines by Eversource, is pending final administrative handling by the courts. Mrs Llodra said Town Attorney David Grogins informed her that the town was granted permission to use eminent domain earlier this month.

“We discussed and negotiated to purchase that easement, but the property owner was apparently not interested, so the Legislative Council moved to permit the town to take eminent domain action,” Mrs Llodra told The Newtown Bee. “The town had been open to negotiation throughout, but we could not agree on a fee that was reasonable.”

The first selectman said the town was under mounting pressure to secure the easement because the two-stage trenching and installation processes had to be finalized.

“This was the final alternative after almost eight months of seeking a less confrontational way,” Mrs Llodra said. “The property owner knew if they would not negotiate a reasonable easement cost, they would face having it taken.”

Ironically, she said, Crestwood Drive already has water utility piping under the road along the same general path.

“This new work would have no impact on property values for homeowners on that road,” Mrs Llodra said. “The Duhamels are wonderful people, but I don’t know what their cautions are. There will be no harm to any residents on the road from that work.”

A message left requesting comment from Ms Duhamel was not immediately returned.

In 2013, the town explored the possibility of taking another parcel adjacent to the new Sandy Hook School development by eminent domain, but the move was ultimately rejected by the Legislative Council.

Developers at the time said they would optimally like to acquire the property at 12 Riverside Road owned by the Oberstadt family. The longtime Sandy Hook residents rejected the town’s offer of $500,000. At the time, through an attorney, the Oberstadts said they wanted $898,000 for the parcel.