`through The Woods' Is The Part Of Thanksgiving Day To Savor Gratefully

A Recipe Too Good To Make

By MELISSA M. JANOSKI melissaj@leader.net
 Wednesday, November 22, 2000 &nbsp;&nbsp;&nbsp;&nbsp;Page: 1A 





WILKES-BARRE TWP. - The township claimed eminent domain Tuesday, seizing
access to land needed for a sewer line that would serve a proposed Hilton
hotel and other development near the First Union Arena. &nbsp;&nbsp;&nbsp; 
 The move, which follows six months of stalled negotiations with the Luzerne
County Redevelopment Authority, the land owner, could throw the dispute into
the courts. &nbsp;&nbsp;&nbsp; Township Solicitor Bruce Phillips said the authority could not wait any
longer without endangering plans for development and risking lengthy
construction delays. &nbsp;&nbsp;&nbsp; 
 ``If we continue to negotiate back and forth, too much time is going to
elapse,'' he said. Construction of the $4 million sewer line will begin within
a few days at most, he said. &nbsp;&nbsp;&nbsp; 
 The township and the authority deadlocked in May about the price of a
right-of-way to a narrow, two milelong strip of land near railroad tracks from
Northampton Street in the township to Division Street in Hanover Township. &nbsp;&nbsp;&nbsp; 
 &nbsp;&nbsp;&nbsp; 
 The township isn't claiming ownership of the land. It is seeking a
permanent right-of-way to install sewer pipes. &nbsp;&nbsp;&nbsp; 
 The township filed a ``declaration of taking by eminent domain'' with
county Prothonotary Carolee Medico. &nbsp;&nbsp;&nbsp; 
 In some circumstances, the law gives the township the right to seize land
needed for the public good, in exchange for a fair price. The township plans
to offer the authority $200,000 for the right-of-way. &nbsp;&nbsp;&nbsp; 
 The taking became effective when the papers were filed Tuesday, Phillips
said. &nbsp;&nbsp;&nbsp; 
 The authority can fight the move in two ways. It can attempt to convince
the Luzerne County courts to overturn the taking; or it can appeal to a county
Board of View for more money. &nbsp;&nbsp;&nbsp; 
 A few months ago, the authority set the price at $476,000, a figure
Phillips said has come down in recent weeks. &nbsp;&nbsp;&nbsp; 
 Authority Solicitor Joseph Blazosek said he is concentrating on negotiating
an amicable settlement. &nbsp;&nbsp;&nbsp; 
 If the dispute goes to the Board of View, Phillips said the township is
confident it could end up paying even less than $200,000. &nbsp;&nbsp;&nbsp; 
 The township has a financial stake in keeping the cost to $200,000.
Landowners who would benefit from the sewer work have agreed to reimburse the
township that amount. If the price is higher, the township could end up
footing part of the bill, Phillips said. &nbsp;&nbsp;&nbsp; 
 The Greater Wilkes-Barre Chamber of Business and Industry and High Hotels
of Lancaster are among those who have agreed to split a $200,000 fee. &nbsp;&nbsp;&nbsp; 
 A successful seizure of the right-of-way would not be the end of the
township's struggle to complete the sewer project. &nbsp;&nbsp;&nbsp; 
 The township still is negotiating access to sewer lines in Wilkes-Barre.
Some city council members worry allowing access could worsen flooding. &nbsp;&nbsp;&nbsp; 
 Melissa M. Janoski, a Times Leader staff writer, may be reached at
831-7331. &nbsp;&nbsp;&nbsp; 
 &nbsp;&nbsp;&nbsp;

W-b Twp. Seizes Access To Sewer Line