August 11, 2018 Pine Barrens Tribune

Page 1

Now Direct Mailed to OVER 2,250 HOMES in LeisureTowne and 195 HOMES in Hampton Lakes

Fatality at Facility

State Police Probe Hit-and-Run That Killed New Lisbon Resident

Teddy Bear Ballyhoo PG 5

Advocacy for Addicts

Parents Rally to Save District Preschool from Judge's Shutdown Order PG 4

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Vol. 2 – No. 50

County Prosecutor Offers Victims of Opioid Crisis New Hope PG 6 Facebook.com/PineBarrensTribune

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August 11, 2018 – August 18, 2018

Township Prepared to Purchase Road Long Thought to Be Municipal Property

By Bill Bonvie Staff Writer

Photo By Dominick Cella

The dilapidated Browns Mills Shopping Center being taken over by Pemberton Township with plans for redevelopment.

Acquisition Accomplished

Pemberton Township Given Go-Ahead to Take Over Blighted Shopping Center By Dominick Cella Staff Writer

PEMBERTON—In a long-awaited decision in the Browns Mills Shopping Center condemnation case, Burlington County Superior Court Judge Ronald Bookbinder has given Pember ton Township the legal authority to acquire the property through eminent domain. What that means for the future of the blighted and largely vacant 42,000-square-foot retail strip mall, however, remains to be seen, as does the amount that Pemberton Township will ultimately end up paying to the long-time owners, Rocco and Antonia Berardi. The taking order was signed by Bookbinder on July 19. The Berardis did not appeal the acquisition order. While a final compensation amount

to be paid to the Berardis has yet to be determined, a township ordinance passed in April capped what the Pemberton administration could spend on the taking of the 2.5-acre complex on PembertonBrowns Mills Road at $920,000. The occupancy rate and condition of the shopping center has steadily declined in the more than two decades since the relocation of an Acme supermarket that once served as its anchor. “The eminent-domain legal preceding will go on,” said Township Solicitor Andy Bayer, who explained that a courtappointed appraiser would evaluate the property and compare his estimate to the township’s original $929,000 appraisal to estimate a payout. “But, the township is the owner of the property.” According to Township Administrator Dennis Gonzalez, the only issue

remaining is that of valuation. “A three-person panel, made up of real estate commissioners, will hear expert testimony regarding property appraisals from both sides,ˮ Gonzalez said. “The commissioners have the final say in determining valuation.ˮ Gonzalez added that the valuation is subject to appeal in Superior Court by either side. The property is one that the township has been trying to get possession of for years. The municipality went so far as to order it condemned through a council vote and made plans to pay the Berardis $2,270,000 for the acquisition back in 2002. Although upheld by a Superior Court ruling, the township reneged on the deal See ACCOMPLISHED/ Page 17

PEMBERTON—The construction of a new elementary school has provided Pemberton Township officials with an unexpected history lesson along the road—or more precisely, along a road known as Rancocas Lane. That lesson is expected to cost the township $15,000 to acquire a stretch of Rancocas Lane, which had long been assumed to be township property. But that amount, according to township Business Administrator Dennis Gonzalez, is considerably less than what the former owners sought in a lawsuit they filed once the township discovered its long-standing misapprehension. It all began when the state ordered that a new access road be built connecting the $62 million, 126,000 square foot Denbo-Crichton Elementary School now being constructed as a replacement for two others—the Alexander Denbo Elementary School, which is still in use, and the demolished Aletta Crichton School—to Rancocas Lane. That was when Gonzalez, in the course of doing due diligence, discovered that the section of the road extending from near Scammel Drive to Weymouth Road was actually private property, belonging to the owners of Belaire Park, a mobile-home community, and had been theirs for many years. “Up until this past year, the township plowed it and everyone thought it was a township road,” Gonzalez told the Pine Barrens Tribune. “But it wasn’t. Once a search of historical records revealed that, we needed to stop doing anything to it.” But when he notified the owners of the mobile home park “that it was their property and not ours,” their response was to sue the township for what was termed “adverse condemnation,” meaning that the road and adjoining land, which came to about six acres, had essentially been “appropriated” by the township “to their financial detriment.” “They also wanted several hundred thousand dollars,” Gonzalez said. The two parties agreed to settle for $15,000 after Gonzalez said he was able to prove that the former owners had knowledge it was their property for years. “Therefore, the township did not take it without their knowledge,ˮ he added. The proposed ordinance authorizing the township’s purchase of Rancocas Lane will be heard at a Pemberton Township Council meeting on Aug. 15 at 6 p.m. Also on the agenda of that meeting is a public hearing on an ordinance that would authorize See ROAD/ Page 17

INDEX Automotive................ 19 Business Directory.... 14 Community.................. 9 Dental Column........... 10

Health........................ 11 Hobbyist.................... 13 Local News.................. 4 Marketplace............... 16

Opinion........................ 7 Worship Directory........ 9

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