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Pa. high court refuses to hear case to save Saha family's Chesco farm
Pilly.com ^ | Today? | AP

Posted on 12/15/2003 9:20:29 PM PST by Michael Barnes

Pa. high court refuses to hear case to save Saha family's Chesco farm Officials say the 48-acre parcel is key to revitalizing Coatesville. The family has now run out of legal options. Associated Press

The Pennsylvania Supreme Court has refused to hear the case of a Chester County family fighting to save its 48-acre horse farm from being turned into a golf course.

Dick and Nancy Saha of Valley Township have been battling for more than four years to prevent the city of Coatesville from seizing their land for a recreation complex.

"It's devastating," Rick Saha, the couple's son, said of the Supreme Court's refusal to take the case. The decision exhausted the Sahas' legal options.

Coatesville city officials said they hoped the one-sentence order handed down by the state's highest court on Tuesday would allow the two sides to reach a mutually satisfactory agreement.

"I'm hoping this will open up the door so we can at least sit down and talk," Coatesville City Councilwoman Carmen Green said.

Coatesville wants to seize the Sahas' property as part of plans for a $60 million recreation complex that would include a golf course, bowling alley and skating rinks. City Manager Paul Janssen has said the park is a key part of efforts to revitalize Coatesville, an old steel town that lost thousands of jobs in the 1970s and 1980s.

The legal fight has revolved around a Pennsylvania law that allows cities, even small ones such as Coatesville, which has a population of 11,000, to seize property in adjoining municipalities if it serves a public interest. In April, a Commonwealth Court judge ruled that Coatesville could legally take the property, even though it is in neighboring Valley Township.

City officials have said the plan would allow the Sahas to retain the small corner of the property that contains their home, a 250-year-old farmhouse that they rebuilt. The Sahas have lived on the farm with their children for 30 years.

Though his parents are apparently out of legal options, Rick Saha said there were "other avenues" that could help the family's fight.

In November, Coatesville voters approved three amendments to the city's charter that require the city to get voter approval before condemning any land, including the Sahas'. The amendments were retroactive.

Also, owners of area golf courses, bowling alleys and ice rinks filed suit against the city in September seeking to halt construction of the recreation center.

Janssen said the city would have no immediate comment on the pending legal actions. "City Council will be meeting shortly to discuss these matters," he said.

However, Janssen said he hoped that the Sahas and the city would be able to negotiate. "We are hoping to reach a settlement that is agreeable to them and still allows for the project to proceed forward," he said.


TOPICS: Announcements; Constitution/Conservatism; Crime/Corruption; Extended News; Government; Miscellaneous; US: Pennsylvania; Unclassified
KEYWORDS: eminantdomain; govtclaims; landgrab; propertyrights
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Gotta say, I hate eminent-domain. You can tell me about fair market value within eminent-domain cases all you like. But I have a hard time believing in any gov't that (eventually) forces you to move at their whim.
1 posted on 12/15/2003 9:20:30 PM PST by Michael Barnes
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To: martin_fierro; xsmommy; Dane; thesummerwind
Got some ping lists you can help me out with?
2 posted on 12/15/2003 9:21:48 PM PST by Michael Barnes
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To: unix
Agreed!
3 posted on 12/15/2003 9:26:43 PM PST by thesummerwind (like painted kites, those days and nights, they went flyin' by)
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To: unix; AAABEST; farmfriend
This is eminant domain at it's worst. I pinged a couple of people who may have ping lists.
4 posted on 12/15/2003 9:29:13 PM PST by Dane
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To: thesummerwind
Coatesville wants to seize the Sahas' property as part of plans for a $60 million recreation complex that would include a golf course, bowling alley and skating rinks.

I could care less what condition the land or it's structures are in, and don't know for that matter.

What I do know is that it could just as easily happen to you or me. Dollar signs in politicians eyes is the most dangerous thing in the world in my view.

This boils me...

5 posted on 12/15/2003 9:30:17 PM PST by Michael Barnes
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To: Dane
Thanks Dane.
6 posted on 12/15/2003 9:30:34 PM PST by Michael Barnes
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To: unix
Firearms are like grandma's fine china. You only use it on very special occasions. Eminent domain may best be served on such.
7 posted on 12/15/2003 9:31:29 PM PST by AD from SpringBay (We have the government we allow and deserve.)
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To: AD from SpringBay
???
I hope it's just me being dense tonight.

Firearms are like grandma's fine china. You only use it on very special occasions.

Not sure where ya wanted to go with that, but would you accept a city manager or council telling grandma she had to sell her china and buy a new set becuase the manager or council thought it was in the best interest?

Or taking up arms for private property rights?

8 posted on 12/15/2003 9:36:47 PM PST by Michael Barnes
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To: *landgrab; calvin sun; Malacoda; brityank; abner; oldironsides; WhyisaTexasgirlinPA; ...
ping
9 posted on 12/15/2003 9:37:03 PM PST by rudy45
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To: AD from SpringBay
Firearms are like grandma's fine china. You only use it on very special occasions. Eminent domain may best be served on such.

Arrrghh..I chopped off your post...sorry.

10 posted on 12/15/2003 9:37:19 PM PST by Michael Barnes
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To: rudy45
thanks for the ping...
11 posted on 12/15/2003 9:39:26 PM PST by Michael Barnes
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To: countrydummy
ping
12 posted on 12/15/2003 9:39:32 PM PST by agitator (Ok, mic check...line one...)
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To: unix
Even worse, they're now seizing property just so they can immediately turn around and sell it to private developers.

It's just criminal.

13 posted on 12/15/2003 9:43:19 PM PST by WackyKat
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To: agitator
txs....
14 posted on 12/15/2003 9:43:46 PM PST by Michael Barnes
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To: unix
The latter. If people are unwilling to fight for their homes (that may have been in the family for years) - then there's not much left. And when legal recourse goes to the highest bidder (as it seems to do these days) -the options are limited. The problem, however, is that the "[fill in the blank] compound of separatists" or those in possession of "anti-government literature", or the "few facts are known at this time as to what caused the stand-off" can be too easily painted into an untenable corner with little in the way of opening the eyes of others.

I don't know the whole story here - but based on the above article I don't know what I would do if I were in the land-owners shoes.
15 posted on 12/15/2003 9:48:54 PM PST by AD from SpringBay (We have the government we allow and deserve.)
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To: WackyKat
Gotta say, my township is looking to eminant domain alot of our properties for a by pass..We'll fight it. Our case is different than the one cited though. And I tend to believe in what you say. Criminal.

A "new" road (as much as I hate to admit it) does somewhat serve the public around here.

A golf course, bowling alley and skating rinks has long lasting tax revenue implications; I doubt highly the manager or council has factored in the LONG TERM revenue the "family" could lose based on the city/county's decison. As well, I feel it does not truly "serve" the community. The things listed above are entertainment. When push comes to chove, ANY community can survive without them.

Now, maybe the family needs to "long term" lease the proeprty out?

16 posted on 12/15/2003 9:51:25 PM PST by Michael Barnes
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To: AD from SpringBay
I know exactly what I would do -- I'd cut a deal to sell the property, then spend every hour in the dead of the night dumping toxic waste all over the property once the check cleared.
17 posted on 12/15/2003 9:52:26 PM PST by Alberta's Child (Alberta -- the TRUE North strong and free.)
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To: AD from SpringBay
The latter.

Didn't need to read much further friend. Like I said, sorry I'm dense tonight...

18 posted on 12/15/2003 9:55:42 PM PST by Michael Barnes
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To: Alberta's Child
heh-hehe..I like you..
19 posted on 12/15/2003 9:57:07 PM PST by Michael Barnes
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To: Alberta's Child
Yes, salt the land so it is useless for 100 years.
20 posted on 12/15/2003 9:58:43 PM PST by ikka
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