Attorney says Monroeville leaders could use eminent domain to save convention center
MONROEVILLE, Pa. (KDKA) — A lawyer said Monroeville leaders could evoke eminent domain to save the convention center.
"In America, the government has the right to take your property if it is going to be used for a public use," attorney Thomas W. King III said. "And if they pay you for it."
"Those issues sound very simple, but they often become very complicated," he added.
Last week, Monroeville's municipal manager said officials have authorized an appraisal of the convention center, which is scheduled to close in a few months to become a Hobby Lobby.
King said after an appraisal, Monroeville could take steps to try and get the building.
"Monroeville would take a public action to condemn the property," King said. "They would file papers in the courthouse and the owner of the property would then have the opportunity to dispute whether this was a proper public purpose, and also they would have the right to dispute the value that Monroeville put on it."
King said he's been on both sides of eminent domain cases in his 40 years as a lawyer, but he said this would be a unique case.
"Condemning a property to use it as a convention center is probably an unusual case in Pennsylvania. There have been similar circumstances in other cases," King said.
King said Oxford Development, who owns the building and has a lease with Hobby Lobby for half the space, can fight the assessed value. He said under the eminent domain act, Hobby Lobby would have to be compensated for its losses.
"If it is true that Hobby Lobby has a lease in place, likely Hobby Lobby will be damaged if the property is taken out from under their lease," King said. "You likewise will have the real Goliath in Hobby Lobby."
If Monroeville were to try taking the building through eminent domain, Oxford Development would have its appraiser value the building. If those sides don't agree on how much it's worth, a jury could decide it for them.
