Town Won't Use Eminent Domain for Sandy Hook School Driveway

Residents were unanimous -- and sometimes emotional -- at a joint meeting of the Legislative Council, Board of Selectmen and Board of Finance to determine the fate of a house on 12 Riverside Road, bordering the Sandy Hook Elementary School site.

None of them wanted to see the town use eminent domain to turn the Oberstadt family’s house into a driveway for the school. And ultimately, town officials agreed.

“Mr. and Mrs. Oberstadt, I want you to know it’s your home,” said council chair Mary Ann Jacob. “It’s up to you. I don’t support eminent domain. If you don’t want to sell it, you don’t have to sell it.”

Since the Dec. 14 shooting, some families have said they would be uncomfortable returning down Dickinson Drive, the road that leads to the school. And so when the former site emerged as an option last spring, officials began looking at properties that could serve as replacement driveways.

In September, the town offered the family $380,000 for the property. The Oberstadts’ attorney counter-offered with $898,000. First Selectman Pat Llodra said she raised the offer slightly, but the counter-offer didn’t budge. Since then, negotiations have stalled.

"We’re bumping up against the reality of what the reimbursements are worth," Llodra said. "I’ve already gone beyond the margins of what I could."

Land Use Director George Benson said the state required the town to use the higher of two independent appraisals. He said the town conducted three appraisals, placing the property at $380,000. According to the Oberstadts’ attorney, the property could be worth as much as $1.3 million, due to a 2007 revaluation. He also alleges the family pays more in taxes than what the latest appraisals said the property was worth.

One by one, town officials said they would not support eminent domain. Some said they had previously supported it as an option, but no longer did.

"Eminent domain, despite what everyone has said, is an important tool and serves a public good," said council vice chair Neil Chaudhary. "But I don’t think it’s something I want to consider."

Some said they would support further negotiation, but with no requirement for the family to sell. Some suggested dropping the pursuit of the Oberstadts’ property altogether and using the funds to redesign and beautify Dickinson Drive.

"Let’s start redesigning the driveway tomorrow," said council member George Ferguson. "Let’s  move forward and get this thing back on track."

A Family History

The Oberstadt family, present at the meeting, listened as each council member said they would not support eminent domain. Afterwards, Susan Oberstat said she needed to digest further what she’d heard.

"But at least they’re not going to throw us out in the middle of Riverside," she said.

Oberstat told officials a story of 65 years spent living with her husband George in the property that may become a driveway for Sandy Hook Elementary School. Her parents bought the property in the 1940s, and she grew up just down the road from her future husband.

"As children we both played in the cow pastures and woods that turned into Sandy Hook Elementary School," she said. "I was one of the first students to go to the school — I was a seventh-grader."

Her husband George became a school bus driver, a job he held for 33 years until his retirement. Susan calculated he must have driven more than a million children over the course of decades.

She described her family as "just simple people" who had never dealt with attorneys. She said they never contacted the town about selling the property.

"Somewhere along the way, that got thrown in," she said. "We got a message saying [Benson] would like to talk to us, that the town might be interested. This would be a huge decision for us. Family considerations, health considerations, financial considerations, emotional considerations, relocation and time and cost involved."

Benson said his office felt the Oberstadts may have been interested in selling when research began for a new driveway last spring.

"We were asked to look for entry besides Dickinson Drive," he said. “We did. We tried. And this came up, so we pursued it."

Oberstadt said she was shocked to see eminent domain would be an option.

"We have been treated badly in this process," she said. "There have not been negotiations. It’s all been ultimatums. And now I consider it intimidation. And we’re just sick of it. Go away and leave us alone. Eminent domain is a legal way of saying agree or we will throw you out. Eminent domain domain is wrong. Is that going to look good for our compassionate, 'We choose love,' 'Nicer in Newtown?' I don’t think so."

Jacob said eminent domain had to be included as an option so that all aspects of the discussion could be covered.

"As difficult as it is to have discussions that are uncomfortable, we have to do it in public," she said.

Many town officials indicated an interest in continuing negotiations, possibly for a time-limited period. Llodra said she would return to the next council meeting, set for Jan. 8, with options for access routes to the school and an update on further negotiation.

Correction: This article previously misspelled the name of Dickinson Drive. The misspelling has been corrected.