The city of Bath is looking to use eminent domain to take several sections of downtown sidewalk that officials were surprised to learn are part of privately owned properties.
Those sidewalks are along Front Street near the intersection of Elm Street, where since 2019 the city has been planning a project to restore the pedestrian walkways, add new landscaping and make other improvements.
When the city surveyed the area before putting the project out to bid, it found that the sidewalks in front of businesses such as Maine Street Design Company and Open Door Books are actually owned by the buildings’ owners, according to Misty Parker, director of economic and community development.
Parker said the property owners were also unaware that they owned the sidewalks. None could immediately be reached for reaction.
A total of nine different sections of sidewalk are part of private properties stretching from 141 to 190 Front Street, according to the city. They range in size from 248 to 1,722 square feet.
To expedite the sidewalk project, Bath officials are now seeking to take ownership of the sidewalks using eminent domain. The city council will consider the proposal at its meeting on Wednesday night.
The city has notified the property owners and will go through the legal process of using eminent domain, including paying fair market value for the sidewalks, Parker said. The city must own the sidewalks in order to do maintenance on them and seek grants for the work.
This discovery has set back the plan to renovate the area, Parker said. If it can complete the taking, the city will put the project out for bid and hopes to start construction in the fall.
John Ring, who rents space on Front Street for his business Open Door Books, said he wasn’t aware of the city’s proposal to take ownership of the sidewalks. His landlord could not be reached for comment.
While Ring thinks the sidewalks outside his store look fine, he agreed that the intersection of Front and Elm streets needs some updating. His only concern was that construction could affect his business during summer — which wouldn’t be a problem if it happens in fall.
“The sidewalks have been adequate for the last 40 years,” Ring said. “There’s no overflow of people walking in the streets, any of that stuff, for the amount of population it gets in the summer.”
