West Seneca eminent domain would take nearly half of resident’s property

In June, the Town Board unanimously voted to take parts of the three parcels by eminent domain, claiming the owners “have objected to the town’s entry onto their land and denied access to an easement that has existed for over 60 years.”

The board will conduct a public hearing to proceed toward eminent domain at 6 p.m. Monday.

If the town succeeds, Horton will lose nearly half his 1-acre property, Kotecki’s Grandview Grove will surrender 2.35 acres of its 13.2-acre parcel and Carol Lauber will end up with roughly one-quarter less of her 1.3 acres of land.

“How can you just take somebody’s property,” said Kate Kotecki, who runs Kotecki’s Grandview Grove. “If they do it to me, they’re going to do it to anybody.”

If approved by the board, the town would pay for the property.

“We don’t want to do this, we’re not happy to do this,” Supervisor Gary Dickson said, adding the town would be willing to negotiate access to the sewer line. “It is our obligation to ensure we have access to our sewer line.”

Dickson said the project came about after ice jam flooding in February 2022 caused sewer backups in homes downstream. He said manhole covers were opened when chunks of ice rushed over them, then water from Cazenovia Creek rushed into the sewer line, causing sewage backups in basements in the neighborhood behind Southgate Plaza.

Horton, 78, said he has never seen the manhole in his Creekward Drive backyard off its base.

The cover was recessed from the top and level with the ground, making it easy to mow surrounding grass.

“These manhole covers were solid covers,” he said. “They’re in a recessed receiver. They can’t get pushed off by snow and ice. They never have been pushed off by snow and ice.”

There now…