Was just “told” SEPTA owns the land (on which a “trail” has been requested to be built at taxpayer expense), via a fee simple deed.
Here’s my comment to the teller:
If it’s correct that SEPTA has a fee simple deed there should be a copy of the deed somewhere and probably it should be at the Bucks County Recorder of Deeds but based upon some legal beagle comments, it isn’t there.
SEPTA does not own the property. At the very most according to all of the Railroad acts and to many legal decisions they only “own” the surface land and they are limited to what they can do with it so Verizon most likely has a defective contract with SEPTA.
If SEPTA thinks they do own it and that there is really a fee simple or any other kind of conveyance they need to prove it and if they do it opens them and/or the Federal Government to a violation of the 5th Amendment takings clause. In addition the longer they persist the easier it will be for the property owners to prove a 42 USC violation.
There’s an attorney in D.C. Nels Ackerson who has been filing class action suits on these issues.
Best thing for Northampton would be to approve a RESOLUTION backing out of everything and hope the incoming misses the twp.
OTOH simply stepping back will no longer work for Bucks County or the Bucks Municipalities because the adjacent property owners have been advised they can collect perhaps million a mile plus attorney fees.
The Genie is out of the bottle.
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