Evans City sues Jackson Township over eminent domain action
Evans City initiated legal action to try to stop Jackson Township from taking ownership of 132 acres of borough-owned land in the township and converting it into a public park.
The borough filed a land use appeal against the township Monday asking the Common Pleas Court to reverse township zoning ordinance amendments approved in May to add a new zoning district and add several parcels of land to that district, including the 132 acres the township intends to acquire by eminent domain from Evans City for use as a park.
The land use appeal targets the zoning amendment approved May 23, but not the township supervisors’ vote to acquire the parcels through eminent domain. The amendment creates the new conservation recreation district.
Jackson Township had indicated it would pay Evans City $1.2 million for the land, and the borough could keep gas and oil royalties. The dollar figure is the value determined by a township-commissioned appraisal.
The land in dispute on Lindsay Road includes a lake and a dam, but is not open to the public. The township said the property is locked up and posted with no trespassing signs.
Last year, Jackson Township tried to acquire the property from Evans City in exchange for the township providing police services for the borough, but negotiations did not result in an agreement. Evans City’s police situation was in flux as its partnership with Seven Fields was about to end.
Evans City Council President Cheri Deener-Kohan said the township’s action forced borough council to make a decision
“It’s a shame that it came to that. I don’t understand why. It’s just the way it is,” Deener-Kohan said. “The Y in the road has been made and we had to make a choice.”
Township officials could not be reached for comment.
The borough is seeking a jury trial.
