Two local municipalities appear to be headed for a legal battle over an issue that almost certainly could have been resolved by negotiation.

On May 23, the Jackson Township board of supervisors voted to exercise eminent domain and take possession of about 130 acres that are located in its borders but owned by Evans City. The two municipalities had been in talks last year to swap the land for police protection, but no agreement was reached.

We learned in the Tuesday, June 4, edition of the Butler Eagle that Evans City officials say they were blindsided by the move.

“Last year, Jackson Township offered to provide police service in exchange for the property, and that offer was declined,” Evans City solicitor Ryan Mergl said during a meeting Monday. “No further discussion took place, and at their last meeting, they decided — with no forewarning — to exercise eminent domain over the property and rezoned it.”

The reason Jackson Township’s board gave for the eminent domain move is a plan to turn the property into a public park.

In a news release announcing the move, Jackson Township said a dam and reservoir on the property are in bad shape, the property is blocked off with “No Trespassing” signs and it isn’t being maintained. On Monday, Evans City officials said the dam is well-maintained and that the signs are to reduce liability.

Jackson Township’s decision to start the eminent domain process without making an offer to buy the property is strange and troubling. Eminent domain laws allow the government to force a landowner to sell their property so it can be used for a public purpose.

Courts have found eminent domain should be a last resort — that is, it should only be used when good faith negotiations have failed.

It isn’t clear why Jackson Township decided to move forward with eminent domain instead of negotiating. And township officials aren’t talking about it, citing the possibility of litigation.

We hope discussions between the two municipalities can sort this issue out. If not, both might in for an expensive fight that could have easily been avoided.

— JK