New Freedom council debates eminent domain for condemned 1 East Franklin Street; motion fails

New Freedom — The borough council debated for more than an hour whether to pursue eminent domain for a long-condemned building at 1 East Franklin Street, a structure officials described as a safety and public‑health hazard, but the motion to begin eminent domain proceedings failed.

Proponents argued the condition of the building and repeated safety incidents justified formal action. "I'm going to make the motion that borough staff and solicitor pursue eminent domain for 1 East Franklin Street," said Speaker 11, citing the owner's unwillingness to negotiate and the property's repeated condemnation and safety risks. Fire and emergency personnel described holes in interior floors, a collapsing roof and past incidents of trespassing that pose danger to children and others.

Solicitor Walt Tilley (participating by phone) told council that eminent domain can be legally justified if linked to a clear public purpose. He advised caution about taking property solely to create parking and recommended planning a recreation‑oriented use instead: "A playground is a specific, specifically permitted use," he said, noting engineered drawings and a resolution would be needed to support any taking in court. Council members also noted an appraisal showing a negative value and discussed the budgetary costs of demolition and subsequent improvements.

Opponents and cautious members emphasized alternatives to eminent domain, such as enforcing the property‑maintenance code, placing liens for limited corrective work, seeking grant funds, or pursuing an injunction or criminal enforcement where appropriate. "I would not want someone to do that to me," Speaker 1 said when describing the difficulty of taking private property. Several council members suggested targeted code enforcement — performing limited repairs to obtain a lien and, if necessary, obtaining the property through sheriff's sale — as a lower‑risk path.

After discussion and a roll-call of voices on the motion, Speaker 11 and Speaker 1 recorded aye votes and multiple members said no; Speaker 1 summarized: "My vote is aye, but our motion did not carry." The council did not authorize eminent domain at this meeting.

The council directed staff and the solicitor to keep the matter on the agenda and to develop additional, concrete options, including engineered site plans, grant‑funding strategies and a clearer cost estimate for demolition and remediation. The issue will return to the next meeting for further consideration.

What happens next: Council agreed to leave "1 East Franklin Street — further action" on next month's agenda and asked the solicitor and manager to bring more detailed proposals and funding options to guide the next steps.