Eminent Domain in Reverse

Pennsylvania’s Right-to-Know (RTK) Law is one of the strongest transparency tools residents have. In this case, a simple RTK request by Newtown Supervisor John Mack pulled back the curtain on a land acquisition tied to a proposed wastewater treatment plant— and revealed an eye-popping price tag: $11.5 million.

The $11.5 Million “Buyback” Offer

The key document is a letter dated November 24, 2025, in which the Newtown Bucks Joint Municipal Authority (NBCJMA), through counsel, offered to sell property on Lower Silver Lake Rd back to the original owner for $11.5 million—explicitly stating this was the amount paid for the land.

Purchase price: “$11.5 million”… the price that was paid for the land. The owner/owners have 90 days after receipt of the letter to respond to the offer.

WWTP Project Abandoned After Land Was Taken

The documents show the property was taken via eminent domain for the construction of a new wastewater treatment plant (WWTP). But the Authority later “resolved to abandon its efforts” to develop the WWTP on the condemned property (read “#NewtownPA Sewer Authority Scraps $128 Million Wastewater Treatment Plant Plan”). That’s not a planning-stage change—it’s a reversal after private land had already been acquired and after considerable public opposition to the plan (read, for example, “Residents Pack #NewtownPA Twp. BOS Meeting To Oppose Wastewater Plant”)

The “Reverse” Part: A Little-Known Eminent Domain Rule

The offer to sell the property back wasn’t framed as optional. The Authority’s counsel cited the Eminent Domain Code as the basis for offering the property back to the condemnee if the public use is abandoned. 

“In accordance with the Eminent Domain Code, the Authority is offering it back to the Condemnee…”

A Tangle of Ownership and Legal Uncertainty

The situation is further complicated by who, exactly, should receive (or respond to) the buyback offer. The “Condemnee” is identified as 42 University, LLC (aka NAC owner Jim Worthington), but another party—KRE Upper Macungie Associates, L.P.—had an Agreement of Sale, creating uncertainty about notice obligations. The Authority’s counsel acknowledged the ambiguity and said the correspondence was sent to both parties “in an abundance of caution.” 

“Absent this disclosure, the Authority does not know if it has an obligation to inform KRE Upper Macungie Associates, L.P. of this offer… In an abundance of caution this correspondence is being sent to both entities…” 

Bottom Line: One Small Document, Many Big Questions

The RTK response produced a document trail that raises serious questions about the public cost of abandoned projects—and what happens next when a multi-million-dollar property is acquired for a “public use” that is later dropped. What is the future of this property? Will it be resold to the original owners who will want to develop it as was the plan before the Authority purchased the land? [For more on that, read “Developer Moves To Disqualify #NewtownPA Supervisor John Mack From Zoning Challenge Hearing”.] And what is the ultimate cost to taxpayers when major projects are canceled midstream? If the land is sold back, will the Authority reduce rates? (See below for my opinion on that.) What are the options if the original owner(s) opt not to buy the land back?

Stay tuned: I’ll be tracking the next steps, including any public discussion of disposition, valuation, and accountability for decision-making tied to this acquisition. Considering that the Authority raised rates by 47% to finance the purchase of this land, and the likelihood – in my opinion – that the rates will never decrease even if the land is sold back to the original owner(s), I will fight to have the land turned over to the township to preserve it as undeveloped open space.

Here’s One Idea for the Land: The land is located within the township’s OR (Office Research) District, which allows for agriculture and horticulture use (Use A-1; refer to the “Newtown’s Office Research (OR) District Workshop”). In speaking with residents, I suggested that if the original owners did not repurchase the land and if it was offered back to the township for $1 to be preserved as “open space,” perhaps a small “nature center” could be established there for abandoned animals where children could visit and pet and/or feed the goats, learn about endangered species, etc. The land could also allow for residents to plant vegetable gardens as well.