St. Charles Wins Their Battle With A Super Wal-Mart

Kane County Chronicle 4/17/07
STC to use eminent domain in move to build east-side road
By KELLEY CASINO - kcasino@kcchronicle.com
ST. CHARLES – The city will seize the land necessary to build a road on the city’s east side,though the move will halt plans to build a Wal-Mart Supercenter there. City officials on Monday voted, 7-3, to use eminent domain to acquire 2.88 acres of land for the road, which would connect Foxfield Drive and Smith Road. The road would bisect a 30-acre parcel where Wal-Mart is looking to build a more than 200,000-square-foot store. “It gives me the marching orders to file a complaint for eminent domain,” city attorney Phil Luetkehans said of Monday’s vote. A complaint will be filed in Kane County Circuit Court in the next two weeks, he said. Negotiations with the title holder of record – West Suburban Bank – began in February and were unsuccessful, city officials said. “We’ve reached an impasse in negotiations and were unable to reach a negotiated purchase price,” Luetkehans said. “We received a letter saying they were not interested in selling the property.” Land owners were not immediately available for comment, and Luetkehans said it was not made clear why the land owner was not interested in selling.Legally, governments are allowed to seize private property for public benefit with fair compensation. Once a complaint requesting eminent domain is filed, the case will go to trial for a judge or jury to set a price for the land, Luetkehans said. The average condemnation, or eminent domain, case takes 18 months to three years to complete, Luetkehans said. Either side can appeal a decision. Several aldermen voted against the use of eminent domain, citing timing and economics, among other reasons. “I think it’s going to cost us a lot more money than we think it will,” said 3rd Ward Alderman William Turner. “I think we’re trying in a way to get around an annexation agreement and a [planned unit development], both of which have the force of the law.” First Ward Alderman Ron Silkaitis said he was not comfortable with court rulings on condemnation. “We have a legal basis to do it,” he said. “That doesn’t mean we have to do it.”Third Ward Alderman John McGuirk said he, too, did not believe that the city had the money to buy the land and pay for legal fees.Developers of the proposed Wal-Mart recently revised their plans in an effort to be more responsive to resident concerns about traffic and noise. An outdoor garden center, a drive-through pharmacy, and a tire and lube exchange were removed from the plans, providing for a greater set-back and more buffering. City officials have said the purpose of the road was not to halt the construction of the supercenter but to increase traffic circulation. “The city has envisioned for many years a road that goes between Foxfield and Smith Road,” said 2nd Ward Alderman Cliff Carrignan. “I think the city council made a decision tonight that says that road is necessary for the community.”