Franklin Township may look to take a property by eminent domain for potential use either for a proposed new township building or recreational purposes.

Supervisors on a 2-0 vote last week tabled adoption of a resolution authorizing the acquisition by eminent domain of property for the creation of recreational space and/or the construction of a township municipal building.

Supervisor Leroy Kemmerer Jr. was absent.

It was announced that an executive session was held on April 24 to discuss land acquisition with township solicitor Tom Nanovic.

Before the vote, resident Cara Lynn Serfass asked the board what land the township was looking to acquire through eminent domain.

Nanovic said it was property on Fairyland next to where the township plans to put its new building.

Serfass sold that parcel to Phifer Rentals LLC.

“Why are you taking it or trying to take it through eminent domain when you had every opportunity as everybody else did to stop the project when the price was in your price range,” Serfass asked. “Why didn’t you buy it then? That property was for sale for many many years under many many different realtors; what was the hold up then, you had no problem getting money for Phifer Ice Dam, didn’t you look ahead?”

Board Chairman Jason Frey said the township did try.

“We did try, we did put in an offer,” Frey said. “We did ask the realtor what he thought it would take to get done.”

Serfass then asked why the township didn’t buy the property when it was for sale 10 years ago.

“Then it would have been in your price range,” Serfass said. “Until somebody said they wanted it, now you want it.”

Frey said it was listed as five acres.

Resident and former Supervisor Robin Cressley asked why it was being considered when they have approval for some apartments.

“It seems to be we’re trying to take people’s land,” Cressley said. “Did you check with the building committee how many acres.

“How much land do we need for a building?”

Supervisor Fred Kemmerer Jr. attempted to squelch the situation.

“It’s for future use, not solely for ...” Kemmerer said. “It’s recreation, it’s other things.”

Not to be dismayed, Serfass said, “There’s more property right for sale on Wagner Street, what’s a matter with that? Ten acres, you could have a field day there.”

Cressley added, “I can’t even believe we’re having this discussion.”

Fred Kemmerer Jr. said, “We’ve been looking to broaden what we have for the township in all aspects, recreation, buildings, we’re not going to stay in the footprint (we’re in),” Kemmerer Jr. said. “And contiguous land isn’t something that’s easy to get, obviously.”

Fred Kemmerer Jr. added “it’s one of those things that’s not taken lightly.

“In my mind, I would like to know what the other supervisors (are) feeling, because I feel it hard to have two people make a decision like this,” said Kemmerer, who added he would like to get Leroy Kemmerer’s opinion before voting on the matter. Cressley noted that the township has 15 acres of recreation already, with several baseball fields, fishing ponds, soccer field.

Eminent domain process

After the vote to table the matter, resident Jill Renfrew said she’d like to know more about the process.

“I find it terribly unsettling to think that three guys can get together and decide to take someone’s land,” Renfrew said. “Obviously this was a motion to adopt the resolution, so the resolution has already been written, so you guys have been talking about this.

“As an individual who lives in the township, is this the process that would typically be followed ... it’s just you three guys, you get to say, ‘OK we want that land’, and I disagree with the evidence that you’re giving that it’s contiguous to the current property; in the past when you were looking at buildings, you looked at the electric company up here, I think there was some talk about the archery place, so you weren’t looking at anything contiguous for the building.”

Kemmerer said it was a case where it was an actual building.

“Logically, you look at what you have first,” Kemmerer said. “Then you look at what’s available and then you look at so you have to exhaust all possibilities, and that was part of exhausting possibilities.”

Renfrew added, “So there’s no other land on the market here, so you got to take what’s next door.”

Cressley said he echoed Renfrew’s thoughts.

“Don’t you feel you have enough land here already? Did anybody reach out to the new owners?”

Serfass said she was called by the new owners to see what was going on.

“Now you want to take what isn’t even out of the ground yet, it would make revenue for the township. You want to take that and make that a township building.

“When you were acquiring all of this property down here by the Phifer Ice Dam, didn’t it ever occur maybe we should stick something aside for a township building. Nobody thought that far.

“It’s no longer my property, I understand that, but I am here as the eyes and ears of the new owner, and I know they’re not happy. They were looking for something good to come out of this. You want to put a township building in there, really. There’s other properties for sale on Wagner Street. If you’re so hell bent on buying something from Wagner Street, go after the other ones that are for sale, or better yet just take them through eminent domain, ‘hey try it again’, see if it works.”

Renfrew asked if the normal process is for the three supervisors to get together and take properties.

Kemmerer clarified that the township didn’t take the property.

Cressley wasn’t done.

“Jason, I know you’re spearheading this but I really wish you’d give it a lot of thought because taking somebody’s property, I think that’s wrong,” Cressley said. “Especially when you (already have your own property).”

Renfrew noted it’s a small township, there aren’t too many people that live in it, “And you would hope that the people that you elected to represent you as a supervisor would consider each individual and their rights as well.”

Last month, supervisors on a 2-0 vote hired attorney Chuck Smith for property acquisitions within the township.

The township wants to have enough room to accommodate eight police officers, administration, zoning hearing board and supervisors.

The township is planning to build a 7,500-square-foot building in between the former Hobby Shop site and current administration office.