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Adams eminent domain conflict continues at meeting

The red arrow on this Google Maps screenshot shows the farmhouse of Frederick “Fritz” Bielo on Tess Lane in Adams Township and the location of the sewer line planned for the Franklin Acres housing plan. The Breakneck Creek Regional Authority has taken a portion of Bielo’s farm by eminent domain to place the line, which Bielo feels is unfair. Google Maps

ADAMS TWP -- More than two dozen community members attended a meeting Tuesday night at the Breakneck Creek Regional Authority in support of Adams Township landowner Frederick “Fritz” Bielo, who is embroiled in an ongoing conflict over the authority’s use of eminent domain to take a portion of land from his property.

At the meeting, which at times escalated to the point of speakers raising their voices, clapping, and talking over one another, residents asked questions of Breakneck solicitor Tom King, engineer Daniel Goncz, and board chairman William Weaver.

Speakers also spoke generally against the use of eminent domain to take a piece of Bielo’s land measuring 1,200 feet by 50 feet, 20 feet for the permanent easement, in order to place a sewer line that would service part of Cranberry Township.

“You stole my property,” Bielo said. “Many of those trees are 80 years old. For me, this is a total loss.”

Fritz Bielo of Adams Township stands in April along a marked line, next to his house, for a proposed sewer line planned to cut through his property. The township is claiming rights under eminent domain. Seb Foltz/Butler Eagle

Statements at the meeting ranged from speeches criticizing development in Cranberry and Adams township as a whole, to questions about the mechanics of the old pumping station and the eminent domain process.

King explained that the authority’s engineer, Goncz, told him that it would be “cost prohibitive” to move the sewer line around Bielo’s property, because it would involve extensive deep digging.

“To go gravity, they would have to be way deeper than what would ever be practical,” Goncz said, referring to the idea of running the line around Bielo’s property altogether.

Goncz added that the project to eliminate a nearby pump station is being pursued because the pump station is beyond its useful life, being decades old.

King outlined the processes that Bielo has available to him through the court system. He said that Bielo had 30 days earlier this year to file preliminary objections, after eminent domain was filed, but did not file any during that period.

“They never filed anything, so at the end of the 30 days, the only argument is how much money are you entitled to for the taking of your property,” King said. “Those preliminary objections would be, he could say that this is not worthwhile or not a public works project. All the things he is raising now could have been raised in the first 30 days after he was served. He had lawyers involved in this from the beginning, but there were no preliminary objections ever filed.”

Board chairman Weaver and vice chairman Gary Peaco reiterated that the authority is still willing to have a meeting with Bielo and representatives from Cranberry Township to work out a solution. Weaver said that it has been difficult to contact Bielo’s legal counsel to schedule the meeting. King added that he has tried to contact Bielo’s lawyer at least three times in the last several weeks.

“I tried to reach your lawyers on several occasions in the last couple weeks. I have yet to receive a return call,” King said. “If you are talking to them, please tell them to answer my call. We’re trying to set the meeting up with you and we are trying to see. I don’t know if there is anything that can be done or not, but the board has expressed its interest in trying to work with you.”

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