Neighbor Right-Of-Way Dispute In Western Springs

WESTERN SPRINGS, IL – Two Western Springs neighbors are vying to buy the village's right-of-way between their houses.

Residents Jim Conniff and Ray Swapa live on Grand Avenue.

Last September, Swapa offered to buy 12 feet of the right-of-way, apparently as part of a plan to build a larger house.

When village staff notified Conniff, he submitted a petition to buy all 27 feet, overlapping the original 12 feet.

During the fall, a Village Board committee met several times on the issue, but was unable to come up with a recommendation.

The issue was taken to the Village Board on Monday. Swapa and his builder, John Griffin, attended. Conniff did not.

Village officials said Conniff understood he had the right of first refusal when an offer was made for the land. This came about when Conniff bought 6 feet of the right-of-way years ago.

But officials said village policies changed a long time ago, with the right of first refusal no longer available.

Griffin, the builder, said his client would like the whole 27 feet. But he said it was clear that Conniff wanted some distance, thus the proposal for 12 feet.

"We were trying to be respectful of Jim," Griffin said.

He said Conniff made no attempt to buy the property until an offer was made to the village.

"If we hadn't put in a deal, we would not be sitting here making the village $150,000, $200,000, whatever the number is," Griffin said. "We went in and made an offer. We followed the rules."

Trustees generally agreed to sell 12 feet to Swapa and let Conniff buy the remaining 15 feet. If Conniff doesn't, then Swapa would buy the entire right-of-way.

Village Trustee Scott Lewis suggested the village enter an arrangement in which each owner buys half of the right-of-way. He said he didn't want to put Conniff at a disadvantage.

"Having said all that, I'm all in with the agreement," he said.

The Village Board is expected to take a vote on the issue next month. Under state law, a super majority of five of the six trustees is needed to sell.

According to the village, the right-of-way was originally meant to be a street. Years ago, it is believed the land included a shared driveway for the houses.