By Chau Lam
Newsday

LINDENHURST, N.Y. — The man who owns property in downtown Lindenhurst where the village is proposing to build a new firehouse said he never agreed to sell his land and is not interested in parting with it now, either.

Kenneth Buddenhagen, who owns two of three parcels between South Travis Street and South Smith Street off East Gates Avenue, said he uses the unimproved lots to store equipment and vehicles for his general contracting business.

"I told them from day one that I didn't want to sell," he said in an interview yesterday. "I need it for my business."

If voters approve the $7.5-million bond referendum at the March 18 village elections, he might not have a choice.

Deputy Mayor Kevin McCaffrey said the village is prepared to seize Buddenhagen's land under eminent domain. The village's argument is that it needs the land for public use — to build a 17,000-square-foot firehouse, more than twice as large as the existing one. The village will pay Buddenhagen a fair market price, McCaffrey said.

"We'd much rather come to an agreement," McCaffrey said. "However, we are prepared to acquire the property using eminent domain."

Officials said the current facility, on South Wellwood Avenue, is too small for today's taller and wider fire trucks. About $1 million would go to pay for the three parcels and $6.5 million for construction and related costs, village officials said.

David Reiss, an assistant professor at Brooklyn Law School, said government taking land to build a firehouse is allowed under eminent domain. "Whenever your property is taken, it feels like it's a violation, and in fact it is, but the Constitution allows it," said Reiss. "We couldn't build roads or public projects without it."

McCaffrey said the owner of the third parcel is willing to sell.

At a public hearing Thursday that drew more than 200 people, a few supported the new firehouse but most said it's not necessary and they can't afford the resulting tax hike to pay for the new building.

Village officials said they reviewed alternatives, including renovating the existing firehouse, but rejected that idea because the footprint is too small.