Lake in the Hills acted fairly in talks for airport land, judge rules

Lake in the Hills can go forward with eminent domain proceedings aimed at forcibly taking property near the town's airport from an owner who claims village leaders are making him a lowball offer for his land, a McHenry County judge decided today.

Ruling that the village dealt fairly with the property owner, the Athans Company, Judge Michael Caldwell rejected the company's request he throw out the eminent domain case and order Lake in the Hills back to the bargaining table.

"It is this court's opinion that there were good faith negotiations, and the motion to dismiss is denied," Caldwell said.

The decision could clear the way for the village to eventually take ownership of a triangular, three-quarter-acre parcel on the north side of the Lake in the Hills Airport's runway, east of Pyott Road. Village officials say they need the land in order to meet Federal Aviation Administration requirements for open space alongside the airport's single runway.

The property is one of several the village is acquiring as part of a $23 million plan to improve safety at the airport. The plan also includes re-aligning Pyott Road on the airport's east side to gain more runway clearance.

The village filed its eminent domain lawsuit against Athans in October after months of negotiations failed to produce an agreement over a sales price. The village, working off of three independent appraisals, offered the company $430,000 for the land, along with concessions such as a new access point to Pyott Road for the company's remaining land near the airport and a promise to consider a development plan for that site.

Athans was seeking as much as $560,000 for the property, along with those and other concessions.

After today's ruling, Lake in the Hills President Ed Plaza said the village's last offer still stands.

"Today's decision shows that the village has been all along ready, willing and able to resolve this, but for some reason we've been at an impasse with this property owner from the very beginning," he said.

Athans co-owner George Athans said he is open to further talks with the village.

"We need to reassess where we're at now," he said.

If the two sides cannot reach a settlement, the case will proceed to trial - at which a judge or jury will determine proper compensation for the property.