PennDOT files eminent domain declaration against Lehighton developer

The Pennsylvania Department of Transportation has filed an eminent domain declaration of taking action against a local businessman.

PennDOT previously filed the declaration against Bennett Family Properties LLC, and Joseph Bennett, 619 Iron St., Lehighton.

A major component of the Route 443 Safety Improvement Project is improving roadway drainage to address flooding concerns by the local residents and motorists.

Bennett’s property, or a portion of it, is required for the transportation improvement, and they have offered him $407,000 after the Declaration of Taking is filed.

PennDOT is required to provide stormwater management facilities to comply with regulatory agencies as part of the improvements in the Route 443 corridor.

Due to the linear nature of the project, stormwater management facilities need to be placed in a location to maximize the amount of stormwater that can be captured and situated near a point of discharge.

Bennett asks for support

Bennett attended last month’s Mahoning Township board of supervisors meeting and pleaded with the board to work with him.

“It doesn’t make sense to take properties that have valuable frontage on Route 443 when you can pipe retention ponds to less valuable off the main road properties; the most valuable properties, Burger King, McDonald’s, Lowe’s, Aldi’s, have visibility on 443,” Bennett said during a recent phone interview.

“My engineer and I have made every effort to attempt to convince the good people at PennDOT of another way of engineering this, and a way of spending less of the taxpayers’ dollars, because I happen to have seven properties on valuable 443 and know my properties’ worth, and therefore will be well prepared should they insist on taking it, but that’s not my goal. My every attempt is to continue having property that can be developed for long-term return on investment.”

Bennett added, “My history shows that we do not sell for a quick buck, but look to enhance the property and therefore the taxes paid to the local community.

“What is unfortunate is that when someone contests their assessment, the solicitor for the township and school board and county, have a right to dispute the numbers. This is where PennDOT takes the property and in perpetuity, they get no income whatsoever, and this is not the only property that they are looking to take.”

Instead, Bennett suggested that PennDOT “re-engineer and put retention ponds in the back of the property, and not the front.”

Road widening project

The project includes roadway improvements on 443 in the Borough of Lehighton and Mahoning Township, with approximate project limits from the Carbon Plaza Mall to the Thomas J. McCall Memorial Bridge, according to Ron Young, PennDOT spokesman.

Young said the project includes the reconstruction of 443 and widening to accommodate a three-lane section through a majority of the project area to accommodate a two-way center turn lane for safety and mobility of traffic through the corridor, as well as the realignment/replacement of the Route 902 Bridge over Mahoning Creek.

He said the project is in its final design and anticipated to be placed out for construction bids in early 2020.

Young said the construction cost estimate is $24 million to $26 million, and that construction is estimated to take between 1.5 to 3 years.