Kentucky woman spent 35 years creating nature preserve; sewer project takes easements

A Kentucky woman who spent 35 years turning her 45-acre property into a natural area is facing a major change to the land after a nearly $40 million sewer project secured easements across it. The Central Boone County Sewer project, being built by Sanitation District 1 (SD1), will use part of Gayle Pille’s property for a new sewer pipeline. Pille has spent decades developing the property into a nature preserve. According to WVXU, she planted native shrubs and trees, cleaned up creek crossings and built bird houses. She also plans to donate the land to the Boone Conservancy after her death so it can remain a community nature preserve. The sewer project has four phases and is designed to increase wastewater capacity in central Boone County. Its final phase includes about 3.2 miles of new sewer line, known as B.2. The route has become the subject of protests from Pille’s neighbours and supporters, who want SD1 to consider moving the line away from her property. The issue has now drawn the attention of Boone County officials. Boone County Judge/Executive Gary Moore sent a letter to SD1 asking the agency to explain why it selected the current route. Commissioner Chet Hand has also asked SD1 Executive Director Adam Chaney to present a report to the county fiscal court explaining the criteria used to select the route. Why the sewer line crosses Pille’s land SD1 is building the Central Boone County Sewer project to redirect wastewater currently going to the Dry Creek Wastewater Treatment Plant in Villa Hills westward to the Western Regional Water Reclamation Facility in Petersburg. One part of the project requires the agency to use eminent domain to obtain access to Pille’s property. Eminent domain is the government’s authority to acquire private property for public use without the owner’s consent. SD1 and Pille were unable to reach an agreement on a buyout for the land. The agency then took the matter to the Boone County Circuit Court. According to the reports, the court ruled in favour of SD1, allowing the agency to acquire the property needed for the sewer project. SD1 secured seven easements on parts of Pille’s property. The Boone County Circuit Court decision has been appealed by Pille, and the case remains pending. Construction has not yet started on the part involving her property. Attorney Jon Woodall told WVXU that there is currently nothing legally stopping the project from moving forward, although the dispute over compensation can continue. “You're just dealing with compensation, that's it. And the project can go forward while you're fighting about the dollars, Woodall said." Pille’s 35-year effort to preserve the land The dispute is not only about the sewer line. Pille has spent decades changing the property into a natural area and hopes it will remain protected after her death. She spent 35 years developing the property by planting native shrubs and trees, cleaning up creek crossings and putting up bird houses. Her plan was to eventually leave the land to the Boone Conservancy. A map showing the portion of the approved sewer project The property, however, did not have a conservation easement at the time of the dispute. Pille had hoped to place one on the land in the future. SD1 initially offered Pille $22,100 for her 45 acres. A survey conducted by SD1 later found that the trees Pille had planted were worth about $1.5 million. The disagreement over the property has also led to public protests. Pille’s neighbours and other supporters have opposed the B.2 route and have held protests outside SD1’s headquarters in Fort Wright. They have also spoken at Boone County Fiscal Court meetings, asking county officials to put pressure on SD1 to consider another route. County asks SD1 to explain route Jennifer Watts, one of Pille’s neighbours, has been involved in the campaign against the B.2 route. She told SD1 board members that several possible routes had been considered before the current one was selected. “I know they had multiple routes to choose from, and they chose the one that goes through — it requires them to go through 18 properties,” Watts said. At a Boone County Fiscal Court meeting on Tuesday, Watts asked county officials to play a role in the dispute, while acknowledging that the court could not decide Pille’s eminent domain case. “We understand that this court cannot decide Gayle Pille’s eminent domain case, and we are not asking you to take over SD1’s engineering decisions, but there is a difference between not controlling SD1 and having no role at all,” Watts said. Moore said he understood the concerns but believed it would be irresponsible for the fiscal court to try to influence SD1’s engineering decision. He said the utility had more information about the project and was better positioned to decide the appropriate route. Moore said his request for information was meant to advocate for residents rather than interfere with SD1’s engineering decisions. Kentucky changes eminent domain rules The dispute has also brought attention to recent changes to Kentucky’s eminent domain rules. The Kentucky Legislature recently passed House Bill 542, which places further restrictions on how and when eminent domain can be used. Woodall said the law focuses on property taking involving conservation easements and agricultural districts. Under those circumstances, the government entity would have to prove that taking the property is the only route available.