With four members absent during a regular meeting August 1, the Legislative Council unanimously agreed to authorize Town Attorney David Grogins to commence proceedings that will result in taking three tiny pieces of residential property by eminent domain.

Although those three slivers of private land at 25, 27, and 45 South Main Street have a combined appraisal value under $500, by not taking those fractional pieces of private property, the town faced losing approximately $900,000 in state grant funds that were awarded to install new sidewalks.

That stretch of new sidewalks will run from the southern corner of Glover Avenue, south along South Main Street to Mile Hill Road, and eventually end at Reed Intermediate School.

Mr Grogins explained that most of the land needed to complete that sidewalk project already lies in the state right of way along the planned path. But in the case of these three parcels, the town attorney said small areas of the sidewalk would need to edge into the abutting private property.

"We acquired all but three rights of way," Attorney Grogins said. "One is simply a grading easement and two are small areas where the sidewalk will go onto the private property.

Mr Grogins said the individual easements were appraised at $84, $173, and $238. Eight other easements along the planned sidewalk's path have already been conveyed by the property owners.

"The problem is we're under some pressure from the State of Connecticut to at least certify that we have either acquired all the [11] rights of way, or we've taken the necessary steps to acquire them," Mr Grogins said. The Town is bound to report to DOT by August 10 that the actions have been filed with the court, or face the possibility of losing the sidewalk grant.

In cases where the Town could not negotiate an easement, Mr Grogins said the Town needed the Legislative Council's authorization to initiate actions with the Superior Court to take the three easements by eminent domain.

Councilman Robert Picard asked why those three owners were unwilling to provide the easements and what impact they would face under the town's eminent domain actions.

Mr Grogins said one owner was already unhappy with a previous driveway curb cut made on his property when the state DOT improved Route 25. Another owner did not want to be responsible for shoveling, and he said the third was involved with some type of family dispute that apparently prevented the owners from responding to prior outreach to negotiate the easement.

"We're just trying to complete the project," Mr Grogins said.

According to Town land records, the owner of the property at 25 South Main Street is Marilyn Martinez, Janet Levitt owns the property at 27 South Main Street, and 45 South Main Street is owned by Dasilva Holdings, LLC.

Council member Judit Destefano asked how the values were affixed to the parcels being taken.

Mr Grogins said those values were determined by appraisal.

"We're talking about feet," he said, "you can barely see them on the map."

First Selectman Dan Rosenthal, who attended, said he was also concerned that protracted administrative work would delay construction work, driving the eventual cost of the project up.

"If we don't obtain the easements, it could be a year before work begins," the first selectman said, adding that while the lion's share of funding is from other sources, the town has also budgeted some matching funds to complete the sidewalks.

Attorney Grogins said the proposed action is the last resort.

Ms Destefano said she would support the actions "because having a walkable town is a great asset."

Council Chairman Paul Lundquist said that as a legal concept, he objects to eminent domain.

"But we need to think of the good of the town," he said. "This action may be an exception because it is necessary and for the good of the town - it makes sense to me."

On a role call vote with Phil Carroll, Chris Smith, Jay Mattegat, and Ryan Knapp absent, the measure passed 8-0.