What Happens to the Land If Sewer Plant Plan is Abandoned?

 

#NewtownPA Supervisors DEMAND that the Sewer Authority
"IMMEDIATELY ABANDON" Its Plans for a Sewer Plant in Newtown Township

In response to public opposition, the Newtown Township Board of Supervisors (BOS) sent a letter on Valentine's Day to the Newtown Sewer Authority demanding that the Authority "IMMEDIATELY ABANDON" its plans for a sewer plant in the township.

This was the result of the consensus of the BOS at the February 12, 2025, public meeting (view the video of the discussion). The last paragraph of the letter does not mince words:

"Please be advised that the Newtown Township Board of Supervisors is vehemently opposed to the continued exploration, planning, and construction of a sewage treatment facility in Newtown Township. The Board recognizes the concerns of the citizens that it represents, and will make every effort to thwart the success of the project, including potential intervention through litigation, if the authority does not agree to cease the continued work on the planning of this project. The Township strongly recommends that the NBCJMA immediately abandon any and all work associated with the creation of a new treatment facility, and continue discussions with the Bucks County Water and Sewer Authority to pursue release of additional capacity and connection to the Neshaminy Interceptor."

Next Steps

In a statement to NewtownPANow.com, the Newtown Bucks County Joint Municipal Authority (aka Sewer Authority) said they are planning a special meeting on the plant proposal. “The authority is awaiting receipt of a letter from Newtown Township. In addition, the authority is looking to schedule a special meeting to discuss the project. Once the meeting is scheduled, it will be advertised as is the case with regular meetings,” said authority spokesperson Theresa Katalinas. 

What are the options should the Authority actually “abandon” its plans as suggest by the Newton BOS? One option that I mentioned at the BOS meeting was for the Authority to sell or donate the land to the township so it can be preserved for open space. 

“Maybe the township could purchase that track of land and then designate it as open space so nothing could ever be built there,” I said to applause. 

Several residents thought the Authority should refund its recent 47% rate hike to which I replied “its seems to me this is like saying that egg prices will come down after this summer and I don't think they ever will come down.” Since the taxpayers already paid for the land, I think the Sewer Authority should donate it to the township. I cited the example of Silver Lake Park, which was donated by Bucks County to the township for $1 under the condition that it never be developed.

What Do Provisions of the Eminent Domain Law Allow?

Following up on this idea, the BOS requested that the Township Solicitor research the Pennsylvania Eminent Domain Code provisions governing what can and can't be done if a project for which property was condemned is abandoned.

I did some research on this myself and found the Title 26 Eminent Domain Provisions online here… The relevant section is Para 310. Abandonment of project, which states:

(a) Disposition of property.--If a condemnor has condemned a fee and then abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale, lease, gift, devise or other transfer with the following restrictions:

(1) If the property is undeveloped or has not been substantially improved, it may not be disposed of within ten years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.

(2) If the property is located outside the corporate boundaries of a county of the first or second class and is undeveloped or has not been substantially improved and was devoted to agricultural use at the time of the condemnation, it may not be disposed of within 21 years after condemnation without first being offered to the condemnee at the same price paid to the condemnee by the condemnor.

(3) If the property is undeveloped or has not been substantially improved and the offers required to be made under paragraphs (1) and (2) have not been accepted, the property shall not be disposed of by any condemnor, acquiring agency or subsequent purchaser for a nonpublic use or purpose within 21 years after condemnation. Upon petition by the condemnor, the court may permit disposal of the property in less than 21 years upon proof by a preponderance of the evidence that a change in circumstances has abrogated the original public purpose for which the property was taken.

[my emphasis]

I created the following Flowchart of the options for the property if the Sewer Authority abandons its Waste Water Treatment Plant (WWTP) plan:

In other words, a couple of things must happen before the Sewer Authority can donate (or sell) the land to Newtown Twp. Most importantly, the original owner (the “condemnee”) must decline to buy the land back at the same price it was forced to sell it to the Authority. In this case, the condemnee is Jim Worthington, who already – I’ve heard – has a court case versus the condemnation. 

Perhaps Mr. Worthington would be happy to keep the $9 million he received for the land and graciously decline any offer to buy it back in the hope that he would also support the Sewer Authority donating the land to the township so it can be preserved as open space.

Even so, the court must be convinced to allow the donation before 21 years goes by. This is where the Environmental Advisory Councils of Newtown Township, Newtown Borough, and Middletown Township can help provide a “Preponderance of evidence” that this would be a benefit to the public.

Posted on 15 Feb 2025, 12:12 - Category: Sewer Authority