County: Land deal near

The last of the eminent domain disputes that plagued the county's finances in recent years could come to an end next month.

County officials said Thursday they were confident a settlement regarding condemned Lauxmont Farms land could be reached by the end of September.

"We're making progress," county solicitor Mike Flannelly said, "but there are still issues that need to be resolved."

John Snyder, an attorney representing the Kohr family, which owns the property, declined to comment.

During the past four years, the county has been embroiled in two bitter eminent domain fights.

Last week, county officials paid a $12.9 million debt for a dispute over the 79-acre Highpoint property in Lower Windsor Township.

In 2004, the county seized the land by eminent domain to turn the area into a park. In response, former property owner Peter Alecxih Jr. said he was not paid its fair market value in compensation.

Initially getting $2 million from the county, Alecxih later received an additional $5.5 million.

A jury agreed with Alecxih's claims last month and ruled the county still owed him nearly $10 million. About $3 million of last week's payment accounted for the interest accumulated for the delayed compensation.

 
Not over yet

While the county has moved past the Highpoint dispute, it hasn't escaped its problems regarding 411 acres in Lauxmont Farms, a tract of land near Highpoint that the county also tried to take

Highpoint is "only half of the equation," county administrator Chuck Noll said.

The two properties would have combined to form the Susquehanna Riverlands Heritage Park, a project supported by former county commissioners Lori Mitrick and Doug Kilgore.

The controversial decision to use eminent domain to take the tracts was a major factor in their election losses last year.

There had been talks to acquire the Lauxmont Farms portion before its condemnation, but talks broke down.

Around that time, the Kohrs were selling pieces of the property -- including Highpoint -- to settle their debts.

In 2005, the county seized 411 acres in Lauxmont Farms, leading to a contentious fight between the county and the Kohr family.

Last year, Mitrick and Kilgore tried to resolve the issue by backing out of their pursuit of the Lauxmont Farms tract.

The Kohrs, however, refused to let them abandon the project and filed a lawsuit claiming that the county had to take the land.

 
What will the county get?

Snyder and Flannelly declined to comment on the demands made by both sides, citing confidentiality.

The county commissioners, however, agreed that a settlement likely would involve the county receiving some or all of the land in exchange for money.

"We're on the hook for 411 acres, technically," Commissioner Chris Reilly said.

Exactly how much the county would receive is uncertain.

It could be the full 411 acres that was condemned. Or it could be a portion that includes a Susquehannock Indian village and burial ground that hasn't been preserved by the federal government.

Either way, the price the county agrees to pay likely will pale in comparison to what it could pay if the issue is decided in court, Reilly said.

"What's at stake here is that if we don't reach a settlement, it will play out like the Alecxih situation," he said.

 
An uncertain cost

Last month, the county calculated that, at most, the fallout from the Highpoint ruling could cost local taxpayers an extra $6 each year for the next 30 years.

But that doesn't include a Lauxmont Farms settlement, county officials said.

Noll said he wanted to earmark at least $18 million of a $25 million loan the county borrowed last week to ease the financial crunch it faces as it enters its latest budget season.

The actual figure, Noll warned, could be far higher than the place-holding figure he determined.

It will depend on the appraised value of the portion of Lauxmont Farms the county agrees to take, President Commissioner Steve Chronister said.

The commissioners, meanwhile, promise they will petition Gov. Ed Rendell -- who pledged $8 million for the heritage park project -- and other agencies for financial aid.

"We need help . . . from everyone who was pushing for this," Commissioner Doug Hoke said.

Those details, however, rest on how the Lauxmont Farms battle is decided.

"The people of York County are tired of hearing about it," Chronister said. "We want to know how it's going to end."

epaik@ydr.com; 771-2001

DISPUTES

York County took properties in Lower Windsor Township by eminent domain to turn them into a park overlooking the Susquehanna River that celebrates the area's view and history.

The first property, the 79-acre Highpoint, was condemned in 2004. The county seized the second, 411 acres in the neighboring Lauxmont Farms, in 2005. Highpoint has since been established as a county park.

For years, the owners of both properties fought the county over the compensation for their lands.

The Highpoint dispute was resolved last month in court, with a jury ruling the county still owed former owner Peter Alecxih Jr. more than $10 million. The Highpoint debt -- with interest included -- was paid last week.

A resolution to the Lauxmont Farms issue is still being negotiated in settlement talks.