Posted on 10/14/2005 9:52:31 AM PDT by Daveinyork
Land taking upheld Judge rules county OK in seizing land for park CARL LINDQUIST The York Dispatch York Dispatch
County commissioners were within their rights to take a developer's 79-acre property by eminent domain last year for a proposed Lower Windsor Township park, according to a Chester County judge's ruling released yesterday. Judge Lawrence E. Wood dismissed developer Peter Alecxih Jr.'s objections to the May 2004 decision by commissioners Doug Kilgore and Lori Mitrick to seize Alecxih's property, called Highpoint.
The county and the Alecxih were barred from disclosing the ruling, which they learned of Tuesday, until it was recorded in the York County Court of Common Pleas.
Highpoint would combine with at least part of nearby Lauxmont Farms and utility-owned property for the large-scale heritage park.
"This has been a close and well-tried case, and I congratulate counsel on the excellence of their presentations," wrote Wood, who was brought in to hear the case after all York County Common Pleas judges recused themselves.
Wood ruled against the Alecxih camp's claims that the commissioners abused their discretion and acted in bad faith when taking his property. He also ruled that the county didn't fail to plan adequately for the park before taking Highpoint.
Would negotiate price: Unless there is an appeal by Alecxih to Commonwealth Court, the two sides now can try to broker some form of payment for the property. The U.S. Constitution requires that "just compensation" be paid to those whose properties are taken by eminent domain.
If no agreement can be reached -- which might be likely considering the sides' polarized view of the property's value -- the two sides will come before a three-person panel, called a board of view, whose members are appointed by the Court of Common Pleas president judge.
If either side disagrees with the panel's non-binding findings, a jury trial would decide how much the county has to pay for the property.
Alecxih spent more than two years earning township approval for a 51-home luxury development on Highpoint, and has said the property could be worth up to $17 million. The county cites appraisals that value the land at about $2 million.
"I respect the fact there are a lot of people out there that have been very supportive of me and realize what I'm going through is really, really difficult," said Alecxih, who wouldn't comment on a possible appeal. "That was a big project, it's huge. My company (Lauxmont Holdings LLC) is relatively small."
Two commissioners happy: While Alecxih was disappointed, Mitrick and Kilgore were happy with the judge's finding.
"I believe in the project and what the project brings to this county and generations to come," Kilgore said. "I think years down the road this thing will be looked at as something that's well worth the controversy we have now."
On Wednesday, the day after they learned of the ruling, Kilgore and Mitrick approved advertising an ordinance that would allow the county to seize more than 500 acres of Lauxmont Farms. Both commissioners said the Highpoint ruling didn't affect their decision to advertise the ordinance.
Commissioner Steve Chronister, meanwhile, opposes the project, saying it was poorly planned and that not enough thought went into it. He said taking Highpoint could end up costing more than Kilgore and Mitrick believe.
"I think you're gong to see that it's not going to be any judge that's going to decide this," he said. "It's certainly not going to be commissioners."
"Who are going to decide this whole thing are the voters in the next election."
Kilgore and Mitrick, meanwhile, say it's full steam ahead for the project, even though it's been difficult on them both professionally and personally.
"My family has been extremely supportive, and they know me to be a person of conviction," Mitrick said. "I think my persistence with this matter was no surprise to them."
-- Reach Carl Lindquist at 505-5432 or clindquist@yorkdispatch.com.
"If Mr. Alecxih had a pronounceable name it might have turned out differently," said one power-drunk township commissioner "But as it is, he sounds like that little purple magic guy who used to harass Superman in the morning cartoons."
Just bcause eminant domain is constitutional doesn't mean it needs to happen all the time - this is a poster child example of the need for states to step up to plate.
I bet this gets reversed on appeal.
I bet this gets reversed on appeal.
One good thing in this, at least this time it's for an actual public use.
Until they get the property and decide they cant afford or use it in the way proposed. Who knows who Mr. A's competition is and who they are backing in the hopes of obtaining the condemned property on the rebound from the govt.
...That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it...
There is no way in hell our forefathers would have put up with this.
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