NEW CASTLE Lawrence property owners fight buyout

They contend they are not being adequately compensated.
THE VINDICATOR
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- A plan to develop a business park promising thousands of jobs was called "fundamentally flawed" by an attorney representing two landowners unwilling to sell.
"I submit the whole plan, based on urban blight, is a pretext to use eminent domain. It is not consistent with the eminent domain law and is a violation of my clients' private property rights," said Michael Parrish, a Pittsburgh attorney representing Dr. David Hamilton and Thomas and Christy Whittaker.
Hamilton and the Whittaker are among the nine Neshannock Township owners of properties identified as part of the proposed Millennium Park.
The 1,200-acre site is slated to become a high-technology park developed by the Lawrence County Economic Development Corp. A semiconductor company is considering locating on the property. The company has not been identified publicly.
Seven other property owners sold their land to the corporation. About $30 million in state, county and private money is being used to develop the land.
Eminent domain
Earlier this year, county officials put in motion a plan that would allow the county redevelopment authority the use of eminent domain for any unwilling landowners. Eminent domain is the government's right to take property, usually in exchange for fair compensation.
The plan must now be approved by county commissioners. Tuesday's hearing was to gauge public opinion before they vote on the matter later this year.
Parrish, who attended the hearing with Hamilton, said his clients are not being adequately compensated for their property. He would not say what they were offered or what they want for the land. Parish said they have not had the land appraised.
Parrish also said the county's redevelopment plan, which deems the property blighted, does not fall under the nine conditions outlined by state law for blight.
James Gagliano, county planning director, has said the land falls under the portion of the law that pertains to property with an "economically or undesirable land use."
The land is now zoned for industrial use, but contains mostly homes and small businesses. Hamilton owns 2.35 acres that include a building with an apartment and a business.
The Whittakers own 86 acres where they finished building their home in December 2002.
County's offer
Gabriel Celli, solicitor for the Lawrence County Economic Development Corp., said the corporation based its offers on professional appraisals.
He would not say how much was offered, but said the corporation had offered to help Hamilton find comparable rental property to move his two tenants and keep his rental income.
The county's 2003 assessment valued Hamilton's property at $123,900 and the Whittakers' home and land at $1,039,500. Hamilton's two tenants also attended the hearing, concerned about when they must leave.
Reggie Shearer, owner of Harbor Orthodontic Services, said he found another property to rent, but learned he won't be compensated for moving expenses until a deal is reached with his landlord.
David Nixon, special counsel for the county redevelopment authority, said the tenants' time in the building will be based on Hamilton's decision to settle amicably or fight eminent domain. It could be anywhere from six months to six years, he said.
cioffi@vindy.com