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Solicitor reports borough completed declaration of taking for LT-area property; service and valuation next steps outlined
Summary
Borough solicitor reported the declaration of taking and related filings were completed for LT-area properties (street bed, stormwater pond, open-space lots) formerly tied to Altieri Enterprises; next steps include service of documents, calculating fair value and, if necessary, pursuing liens for cleanup on other problem properties.
New Freedom Borough’s solicitor told council the borough completed the declaration of taking and all matching filings for several LT-area parcels previously associated with Altieri Enterprises, enabling the borough to assume ownership of street bed, a stormwater detention pond and subdivision open-space lots.
Solicitor explained the process required three separate filings to two offices on the same day to be valid: the declaration of taking (filed with the recorder of deeds), the notice of taking (filed with the prothonotary) and the memorandum of taking. Borough counsel described how staff and the solicitor’s office coordinated time-stamped filings and book-and-page registration to meet statutory requirements.
The solicitor said Altieri Enterprises is no longer a functioning entity and that the parcels taken currently present maintenance liabilities (stormwater pond and open space). He said the borough will next serve the filed documents to any parties of record and then calculate and pay fair value for the properties; counsel noted the parcels are effectively non-developable and the expected compensation is minimal because the borough will inherit maintenance responsibility.
The solicitor also updated council on enforcement matters: a recent enforcement hearing against Mark Tomey (ordinance violations for inoperable vehicles and stormwater violations) resulted in findings for the borough and civil penalties with a 30-day direction to resolve the issues. Borough staff have engaged the property owner but counsel signaled further action is possible if voluntary compliance does not occur. The solicitor said the borough is prepared to pursue cleanup and place liens to recover costs — including attorney fees — if the borough must perform remediation.
Outcome: Declaration of taking filings completed; next steps are service of documents, calculation and payment of fair value and ongoing monitoring and enforcement actions on noncompliant properties as needed.
