Lake in the Hills defends suing for airport land

Lake in the Hills officials went to court Monday defending their use of eminent domain to gain ownership of a three-quarter-acre property that plays a key part in the village's $23 million airport improvement plan.

The property's owner, the Athans Co., is asking a McHenry County judge to dismiss the village's condemnation lawsuit that seeks to force the land's sale, alleging that Lake in the Hills officials made low-ball offers for the property and did not negotiate in good faith before suing.

"They've eviscerated the value of (the property)," Athans attorney Robert Riffle said. "It's clear they have not offered nearly the compensation that is required for this."

The village, however, believes Athans is setting its price demands well above the property's true value.

The highest of three independent appraisals set the value at $430,000, according to court documents, and that's what the village offered.

But that is about $130,000 less than Athans sought during months of unsuccessful talks in 2007.

The lawsuit, filed in October, revolves a triangle-shaped piece of property on the north side of the Lake in the Hills Airport's runway, east of Pyott Road.

The village says it needs the land to meet Federal Aviation Administration standards for safety areas alongside a runway and to permit a planned realignment of Pyott Road alongside the airport. In April 2006, the FAA described the village's acquisition of the land as "critical to improve safety at the airport."

Besides a higher price, Athans also wants the village to build it a new access point to Pyott Road for property it would continue to own near the airport, construct a fence separating its property from the airport, and approve a development plan for its remaining land, Village President Ed Plaza testified Monday.

"Every time we talked, there would be more on their list of requests," he said. "It became quite apparent that it would be impossible to negotiate in terms of what they wanted."

Athans doesn't dispute the village's need for the land, only its methods of acquiring it.

"Anything that can improve the safety of the airport, I'm in favor of it," company owner George Athans testified. "I tried very hard whenever I met with Mr. Plaza and (Village Administrator Gerald) Sagona."

Testimony will resume this morning before Judge Michael Caldwell, who could rule on Athans' effort to dismiss the case if the hearing wraps up as expected today. Caldwell also could opt to take the matter under advisement and issue a decision at a later date.