Shaker Heights City Council voted unanimously to pass a resolution declaring the city’s intent to appropriate an underground easement at 18720 Lowmont Boulevard to allow construction work tied to the Linfield–Lomond SSO-11 sewer control project.

Law Director Gruber told council the appraisal for the needed subsurface easement is $13.50 and that the city had originally obtained easements from nine of the ten affected properties but encountered a holdout after one parcel changed ownership. Gruber said the project — funded and planned over several years — installs sewer improvements that city staff said are necessary to reduce sanitary sewer overflows and basement backups in the neighborhood.

Gruber told council the appropriation is limited to a narrow subsurface easement (about 6–12 feet wide, approximately 25 feet below the surface) and that nothing on the surface would be permanently taken. He said the city prefers to resolve the matter without court action but was asking the council to declare the city’s intent to appropriate the interest and to pass the resolution on first reading as an emergency so the project would not be delayed.

Councilmember Nancy Moore moved the resolution; Councilmember Bixenstein seconded. The clerk called the roll on suspension of the rules and the vote was recorded as unanimous ‘Aye.’ The resolution passed. The city will provide notice to the property owner, who then has 30 days before the city may file an appropriation action in probate court if negotiations do not resolve the easement.

Councilmembers framed the choice as one between the neighborhood’s immediate infrastructure needs and the city’s desire to minimize litigation. Several members said they were frustrated by the delay caused by the property transfer and emphasized that staff had worked to gather grant funding and complete project planning. Gruber and staff told council they were not aware of any immediate threat to grant funding at this time but would continue to monitor timelines tied to grant requirements.

Next steps: the city will provide the property owner notice, continue negotiations, and — if needed — file appropriation paperwork in probate court after the statutory notice period.