LAWRENCE COUNTY Officials authorize eminent-domain use

A second appraisal of the land is being done.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Lawrence County officials are still hoping to settle a land dispute with two Neshannock property owners out of court.
But if they can't, the Lawrence County Redevelopment Authority has authorized the use of eminent domain, the government's legal right to take private property, usually in exchange for fair compensation.
Authority members met Wednesday afternoon to approve the declarations of taking for 2.35 acres owned by Dr. David Hamilton on King's Chapel Road and 83.79 acres of property owned by Thomas and Christy Whittaker in that same area.
The property is part of the proposed 500-acre Millennium Park, a high-tech business park being considered by a semiconductor company promising 2,000 new jobs. It would be near Pa. Route 60.
Lawrence County Solicitor John Hodge said there is still hope they can negotiate with both landowners without involving the courts. He said they are waiting for the results of a second appraisal of both properties before continuing talks.
Six other property owners have sold their land to the Lawrence County Economic Development Corporation, the agency handling the development.
County officials say they will use eminent domain if negotiations fail. Samuel Kamin of Pittsburgh has been hired by the county to act as special counsel for eminent-domain procedures.
Contesting offers
The Whittakers and Hamilton have disputed the amount of money offered for their properties.
A letter included with Wednesday's redevelopment authority agenda from Pittsburgh attorney Michael Parrish contends that the Whittakers disagree with the offer made for their home and property.
Parrish wrote that because the land has been declared part of a tax-free Keystone Opportunity Zone, parcels in those zones often sell for $45,000 to $50,000 per acre. He added that the $1.1 million offer is "substantially less than the cost of the improvements the Whittakers have made to their home exclusive of the value of the land."
The amount offered to Hamilton has not been made public.
Parrish urged redevelopment authority board members to not authorize the eminent-domain process.
"If the redevelopment authority acts, you will be acting outside the law. There have already been significant violations of my client's rights. There is no place under the law to take these properties," he contended. He has also threatened to file a lawsuit on his clients' behalf.
Redevelopment authority members voted to go forward with the eminent-domain process, without any comment.
Point of contention
Parrish contends the land, which is largely wooded, does not fall under the definition of blight, something needed to take a property by eminent domain.
Redevelopment authority director James Gagliano has said the land is considered blighted because it is not being used for its intended use by township zoning laws.
The land has been zoned for industrial use for the past 20 years.
cioffi@vindy.com