Borough obtains property through eminent domain

PHOENIXVILLE >> Borough officials agreed to obtain an acre of property to extend the street system.

In a 5-2 decision Tuesday night, Phoenixville Borough Council acquired 48,000 square feet of property previously owned by the Valley Forge Railroad Company through eminent domain. Council President James Kovaleski and council member Michael Kuznar dissented. Council member Shai Perednik was absent.

In eminent domain, a government agency can obtain a property through the courts for public use while paying a fair market value for it.

According to Solicitor Charles Garner, the new property will allow the borough to extend its street system for public benefit.

“The areas of the borough will be the extension of Filmore Street to the west to connect to Township Line Road,” he said.

Township Manager Jean Krack said a plan will now be developed to lay out the remainder of

Filmore Street to Township Line Road.

Valley Forge Railroad owns the majority of excess abandoned railroads from companies like CSX Corporation, Norfolk Southern Railway and Pennsylvania Railroad.

“They basically filed what they call a quit claim deed,” he said. “They pay a nominal fee and they file this thing and then they get access to all of these railroads. They’re basically railroads to nowhere.”

Because Valley Forge Railroad never responded to requests from the township to make the deal, officials moved forward through eminent domain

to protect the rights of the borough, he said.

Valley Forge Railroad representatives could not be reached for comment.

When asked why they voted against the decision, both Kovaleski and Kuznar said they disagree with the overuse of eminent domain.

“When it comes to eminent domain I believe it should be judiciously used and only when absolutely necessary,” Kovaleski said. “I just didn’t think it was absolutely necessary to use at this time.”

“I understood the road would be more convenient,” Kuznar said, “but I didn’t think it was absolutely necessary. I don’t believe in eminent domain and it’s something I want to steer away from as much as possible. I didn’t see the road as absolutely necessary.”