Couple wins $950K in Sawmill Parkway eminent domain case

“Land for the planned extension of Sawmill Parkway could cost Delaware County more than it thought after a jury awarded a Liberty Township couple nearly twice the amount offered by Delaware County Engineer Chris Bauserman in an eminent domain case.

The jury late Wednesday awarded Kathy and Scott Bauder $260,000 for 10.5 acres to be used for the Sawmill right of way plus $590,000 for the economic damage to more than 36 additional acres as part of the public taking of the Sawmill route.

The decision also calls for the county to pay $100,000 in legal bills and other costs, bringing the total award to $950,000.

“The land had high potential as development land,” said Michael Braunstein, the Goldman & Braunstein partner representing the Bauders with partner William Goldman. “It’s well-served by the existing roads.”

The eminent domain case goes back seven years as the county continues planning the extension of Sawmill Parkway north of its terminus at Hyatts Road to the city of Delaware’s west side industrial district.

The $40 million to $60 million project could open up 1,600 acres for additional industrial development in the city as well as land for residential development in southern Delaware County.

Braunstein said he has another 18 eminent domain cases involving other property owners along the Sawmill route. Most of those, he said, are homeowners with residences built on large country lots.

“I would hope the county would take this (Bauder jury’s) value into account,” he said, “and we can settle.””

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Ball, Brian. Columbus Business Journal 8 March 2013.