Select Board to possess right of way off Killington Road by eminent domain

By Polly Mikula

On Tuesday, April 16, the Killington Selectmen held a 20 minute meeting where they unanimously approved a motion to warn an eminent domain hearing May 20.

The town was able to secure easements for the necessary reconstruction of Killington Road from its intersection with Route 4 to Anthony Way on the west side of the road (via The Heights condominiums and S&S Associates LLC, which owns the building that houses Killington Sports, according to town officials); however, it was unable to reach agreement with the property owners on the east side. That land is owned by Eva Nagymihaly and her sister, Theresa Rust.

The pursuit of eminent domain was a choice of last resort, Selectmen Jim Haff explained. “Eva told me, Jim Haff, that she’d doesn’t want to discuss the matter with the town anymore and to proceed with eminent domain,” Haff said at the meeting Tuesday.

The town had been in negotiations with Nagymihaly for nearly a year prior.

By Jason Mikula
The base of Killington Road has closed for reconstruction. A detour is in place until after July 4.

Eminent domain (protected by the Fifth Amendment of the U.S. Constitution) is the power of government to take private property and convert it into public use, provided it pays market value compensation to the owners for the land.

Markowski Excavating, Inc. won the bid for the reconstruction work at the base of Killington Road and began Monday, April 15. The section up to Anthony Way is currently closed and will remained closed through the Fourth of July weekend.

The work requires the town to acquire some temporary construction easements (up to 32 1/2 feet from the road) as well as permanent easements, about 18 1/2 feet off the road.

The eminent domain hearing is not expected to delay the project.

On the west side of the road (where easements are secured) there will also be a sidewalk along the roadway that ends in the back parking lot of Killington Sports.

The hearing

On May 20, 2024, the Select Board will meet at 9 a.m. to inspect Nagymihaly’s and Rust’s land in question. Then at 9:30 a.m. they’ll convene and conduct a public hearing at the Public Safety Building to receive testimony from the owners and will “determine whether the public good, necessity, and convenience of the inhabitants of the Town of Killington require the reconstruction work to proceed as described and, if so determined, to fix reasonable compensation therefor,” according to the warning (published on page 2).

A copy of the survey, outlining the road construction plans and easements, is available for inspection at the town clerk’s office.

For more information and additional charts visit: mountaintimes.info.

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