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Big Flats Landowners Fired Up Over Eminent Domain (VIDEO)
Laura Hutchinson 
November 20, 2009
 
BIG FLATS-- Big Flats town leaders are trying to get hold of a property behind the municipal complex on Maple Street and they're threatening eminent domain.  But the landowners say they aren't willing to give it up.
     The owners of the Big Flats property are doing everything they can to hang onto it.
     Steve Swarthout owns Swarthout Recycling in Beaver Dams with his father and brother.
     They bought the property in Big Flats in 1997 with plans to expand their business and benefit the community.
     “People could come in and they could actually get paid for certain metals and it would cut down on certain things like trash and things that are thrown out on the back roads like plastic, cans, glass, cardboard, paper, anything,” Steve Swarthout said.
     But, now the town has its own plans for the property.
     “This was a request from our department of public works; they felt that they needed the property for storage and we're acting on that request,” said Mary Ann Ballan, the Town Supervisor.
     At a public hearing Friday, residents fired back claiming this isn't what eminent domain is supposed to be used for.
     “Just because (you) want some place to dump gravel or warehouse,” said Stan Koziatek of Big Flats.
     “It is just an attempt to bully the owners without adequate negotiation,” Robert Lovejoy of Big Flats added.
     The Swarthout's already have concrete pads on the property to begin development but put the expansion project on hold when the economy tanked.
     The board offered $54,000 for the land but the Swarthouts say because of all the work they've already done, it's worth at least $100,000.
     “It's kind of upsetting because after we decline the $54,000, they basically said we're going to take it as far as eminent domain, we're going to take it away from you anyway,” Steve Swarthout said.
     The board isn't expected to vote on the issue until at least January.
     If the board moves forward with eminent domain, a judge will decide how much it will need to pay the Swarthouts.