Owners appeal taking of property by high-tech park

The county wants to test soil for environmental and archeological studies.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- The creation of about 1,000 jobs in Millennium Park is being threatened by a delay in acquiring and studying a parcel of land that the owners don't want to sell.
George Haberman, an engineer working for the Lawrence County Redevelopment Authority, testified Tuesday in Lawrence County Common Pleas Court that an alternative source energy company has signed a letter of intent to locate in the proposed Millennium Park, a high-technology business park off Pa. Route 60 in Neshannock Township. The company will produce 1,000 jobs in the park and 2,000 jobs off-site, he said.
Haberman said the company is in negotiation with the state for tax and loan benefits, but two property owners who own about 83 acres in the proposed 500-acre business park don't want to sell.
Thomas and Christy Whittaker and Dr. David Hamilton have prohibited county officials from sending people on their property to do archaeological and environmental studies. Both land owners filed federal lawsuits against the county and others to keep their land from the project.
The Lawrence County Redevelopment Authority condemned the property in late July through eminent domain, the government's legal right to take property, usually in exchange for fair compensation.
The Whittakers and Hamilton filed papers Tuesday appealing the eminent domain action. A court date on that matter has not been set.
Separate action
But county officials had filed a separate action about a month ago seeking access to the Hamilton and Whittaker property to test soil.
Sam Kamin, a Pittsburgh attorney representing the county, said the county will give the land owners 10 days notice before testing and repairing any property damaged in the process.
Haberman said tests involve digging a 1-foot hole every 15 feet and checking the soil. Tests have already been done on the other 430 acres already acquired by the Lawrence County Economic Development Corporation, the entity in charge of the project for the county.
Michael Parrish, attorney representing the Whittakers and Hamilton, questioned Haberman about other areas where the alternative energy source company could be located. The company will need about 60 acres.
Haberman said most of the other large tracts were filled with wetlands or topography that prohibited the facility from being built. But one tract of land behind the Whittaker land was suitable, he said. However, the only access would be through the Whittaker property. Haberman said plans call for a 30-foot wide road to run directly through the Whittaker house.
Soil samples
Haberman said the lack of soil samples on the property is also holding up plans to put public sewage on the property. The Pennsylvania Department of Environmental Protection won't issue permits for the project until soil samples have been taken, he said. Haberman noted the sewer line work has already been awarded and a long delay could mean rebidding it and spending more money.
Haberman said if the project is delayed for an extended period of time the alternative energy source plant won't be located in Millennium Park.
"He will build his plant somewhere else," Haberman said.
Common Pleas Court Judge J. Craig Cox is expected to issue a written decision on whether the county can have access to the land to test soil.
cioffi@vindy.com