Claims that Northumberland County illegally controls thousands of acres of property intended for the Anthracite Outdoor Adventure Area (AOAA) are being raised as controversy continues as to the merits of the park.
Arguments that the county must instead sell the land have been made in posts on the Facebook group site "No no no to Northumberland County OHV Recreation Park" and more publicly during a Shamokin Area School Board meeting in December by Habitat for Wildlife President Dave Kaleta.
But the county says the law is on its side, and that planning goes on for the park.
Land 'must be sold'
Kaleta is well known in the area for his work in coal land restoration, including planting countless number of tress at the "Alaska" site near Excelsior, and for rigorously fighting illegal dumping in the area.
During a presentation to school board members, Kaleta said the county is illegally holding 2,700 acres in Coal Township because it was not sold in accordance with section 5860.701 of the Pennsylvania Real Estate Tax Sale Law. The law requires any property purchased by a board of county commissioners through a tax sale or a sale on judgment for a tax claim before Jan. 1, 1948, which has not been resold or used for public purpose, to be transferred to that county's tax claim bureau.
Kaleta said he was told by an attorney, who he declined to name, that it was the "county's responsibility" to sell the property.
The land in question makes up more than a third of the 6,596 acres from 94 parcels in Coal, East and West Cameron, Mount Carmel and Zerbe townships the county wants to utilize for the park. Approximately half of the parcels were purchased before 1948, including the largest tract, located in Coal Township, that measures 910.24 acres, from Julius Christiano at a treasurer's sale on Jan. 1, 1945.
Kaleta added that the Pennsylvania Game Commission has offered a fair market value for the land, which he estimated could sell for between $2,000 and $3,000 per acre. The sale, he said, could net upwards of $8.1 million, which would be distributed between the county, Coal Township and the Shamokin Area School District.
"These lands have been sitting here and the five municipalities have not been collecting a dime of taxes for many years," Kaleta said of the entire park. "Here's a chance. Anywhere from $10 million to $20 million would be brought in over- night."
The county's side
Although the law may appear to be on Kaleta's side, "that's not so," says Pat Mack, county planning department director, and Kathy Jeremiah, the department's project coordinator and county grants manager.
Although they do not contest the land is required to be transferred to the tax
claims bureau, they say it is "crystal clear" the law is on the county's side because of the powers and duties provided to the bureau in the following section of the law.
Section 5860.702 says the bureau "shall manage and control the property" for the county, with powers that include the ability to lease the property, which may be on a royalty basis for the purpose of extracting minerals, oil, or cutting of timber; to advertise it for sale or rent; and to sell it at a private sale. The law does not specifically say the property must be sold.
The law does provide in section 5860.703 that the property may be sold at a public auction by the bureau upon written request of any taxing authority having a tax claim or tax judgment against the property.
Reviewed by attorneys
Jeremiah said the county spoke about the issue with county solicitor Frank Garrigan, attorney Charles B. Haws from Reading, and the Department of Conservation of Natural Resources (DCNR), which, in mid-December, awarded a $1.5 million grant to be used toward construction of the park.
Mack said Kaleta initially contacted DCNR about the issue in July, which led the county to have separate discussions with DCNR both before and after the grant was awarded.
Jeremiah added, "I am sure their (DCNR) counsel looked into this, and we still received the highest amount (in the recent round of grant funding) in Pennsylvania."
Asked Thursday about the county's response, Kaleta said he was provided only the first section of the law by the attorney and admitted he did not independently view the section dealing with powers and duties of the bureau. He said his statements at the meeting were based on what the attorney told him.
No offer for land
Mack and Jeremiah said they have spoken with game commission representatives three times in the past year, and at none of those times was an offer made for the land.
"They never expressed interest," Mack said. "They are in full support (of the project), because it will be another hunting opportunity done in a respectable fashion."
Areas of the park would be set aside for hunting.
Mack and Jeremiah also question how the commission could purchase the land at Kaleta's estimated price of $3,000 an acre when state law limits land acquisition at $400 an acre. They referenced Title 34, section 705 of the PA Code that states the Game Commission may pay what it considers a fair and reasonable price not to exceed $400 per acre.
At that price, the land in Coal Township would be purchased for around $1.1 million, far short of the $8.1 million Kaleta suggested in his school board presentation.
Kaleta said he was incorrect to say an offer was made for the land; what he should have said is that a U.S. Fish and Wildlife representative, acting as a liaison for the commission, expressed "extreme interest" in the land during an informal meeting between himself and then commissioner-elect Rick Shoch.
In response to the commission being limited on how much it can spend on land acquisition, Kaleta said Pennsylvania Natural Diversity Inventory (PNDI) studies performed in conjunction with the project identified at least two endangered species on the property, including the Allegheny wood rat and at least one species of bat, which classified the project area as "critical and unique." He said that would allow the commission to apply to purchase the property at fair market value.
"There's different exceptions to that, and different funds they can use for it," he added.
Kaleta said his next step is to organize a formal meeting between the commissioners and a real estate officer from the game commission.
Park moving forward
Mack said the park is moving from the planning to implementation phase. Although he was unable to say when the park would open, he expects that surveys of the property will be done in the next few months. Discussions with Pashek Associates, the firm who created the master plan, also continue to identify any possible modifications in the plan.