Westville: Council Discusses Residential Homeowner Protection Law

By Sara Martino

NEWS Correspondent

  As requested by Mayor Russell Welsh, a re-development committee meeting was held to further the discussion of a proposed ordinance concerning "eminent domain" in the Borough of Westville. 

  The request was made during the August council meeting after the mayor and council members voiced concerns on the wording of the ordinance.

  Council Members Susan Rodgers, George Baker and Muhlbaier voted for the introduction of the ordinance entitled "Residential Homeowner Protection Ordinance."

  Councilman Michael Ledrich said the ordinance, as introduced, would stop the Borough in some redevelopment.

  "If we wanted to do something, for example, regarding the rental properties on Pine Street., this ordinance would stop us," Ledrich said.

  "I don't want to make a rule that would benefit a greedy guy and hurt the innocent," Councilman James Pennington said.

  Welsh and Pennington said they received numerous phone calls from residents who thought the ordinance would protect absentee landlords.

  "I want to be sure the ordinance will not rule out any future development," Welsh said.

  Councilmen Baker and Muhlbaier insisted the redeveloper must offer fair market value for the properties. Fieldstone, the redeveloper, did not do that and threatened condemnation if the residents would not take their offer.

  Residents in the proposed redevelopment zone continued to oppose the use of 'eminent domain" and came to the August council meeting when they heard that an ordinance was to be introduced that would remove the threat of "eminent domain" from any future redevelopment.

  "Fieldstone never came into a fair agreement with the property owners. The ordinance that would mean the removal of 'eminent domain' for the whole town should be introduced," Muhlbaier said.

  "If Council says it would never want to use 'eminent domain,' why do you want to continue that use against some landlords?" Councilwoman Susan Rodgers asked.

  She was instrumental in the forming of the ordinance that would eliminate "eminent domain" from any future development agreements.

  The result of the committee meeting, where all council members were invited, was to suggest the approval of the ordinance with some adjustments that would include take-over of properties that were deemed "blighted," and the preface that properties would not be taken for economical development.

  This September Council approved the "Westville Residential Homeowner Protection Ordinance" by a vote of 4-1. Councilman Baker was absent.

  Muhlbaier said he voted for the ordinance because it was for the good of the town, and one step in the right direction.

  Councilwoman Rodgers said she could not give her ok, and voted "no."

  "This ordinance is something I fought for. The entire town should be covered against the threat of eminent domain" she said.