Portion of path is on private property
By Jason Arndt
Staff Writer
When a multi-use path connecting the Panther Sports Complex to Wilmot Union High School was built, no one knew it would lead to a land dispute more than 10 years later.
A section of the path 100-200 meters long sits on private property and has to be moved, according to district officials.
School Board members were given two options, either move the dirt-and-sand path, or enact eminent domain for the 4.67 acres of undeveloped land.
The School Board opted to seek three contracting bids after some members said they were uncomfortable with claiming the property through eminent domain.
“I oppose eminent domain,” said Board Member Barbara Wetherbee.
The issue came up in September, when a landowner of Horak Farms LLC told District Administrator Daniel Kopp of the land encroachment.
Kopp, who was not with WUHS when the complex was built in 2004, told board members in November there were several options.
Options included buying or leasing the land or moving the trail, which was estimated at $50,000.
After Horak Farms LLC did not respond to any proposals, it left the district with only one option.
“She was very nice, and when she talked to her co-owner about wanting to sell it, she never responded,” Kopp said.
The district administrator said the school has not used the trail since.
Kopp said it was not known why, or how, the land encroached onto the property, noting a majority of maintenance personnel involved in the project are not with the district.
“I used to run it all the time, its just dirt, grass and wood chips,” Kopp said.
“It’s the path of least resistance,” Kopp said. “Instead of using bridges, they used existing culverts.”
The path was part of $40 million referendum passed by a narrow margin 2004 and consisted of the Panther Sports Complex, a new artificial turf football field and a slew of school upgrades, including the addition of several classrooms.
However, Kopp said, the construction company was not to blame for the error, with the district claiming accountability for the dispute.
While Wilmot did not go the route of eminent domain, the route change is difficult, citing the work ethic of current maintenance personnel.
“Our staff did a lot of work on that, which included wood chip application,” said Wayne Trongeau, Board President.
Kopp said the change could require special permits from the Department of Natural Resources, citing natural landforms.
“We might have to, because there are wetlands back there,” Kopp said.
For the full story, see the Feb. 19 print edition of the Westosha Report