$5.85 Million Verdict For Montco Family In 12-Year-Old Eminent Domain Case

MONTGOMERY TOWNSHIP, PA — A jury has awarded hefty, multi-million-dollar verdict to a Montgomery County family in a decade-plus fight with local government officials over an act of eminent domain taking.

Zehr Family Limited Partnership has won a civil award in the amount of $5.85 million over their assertion that Montgomery Township offered way below market value for their 50-acre tract of land, which the municipality took through eminent domain back in 2010.

Lawyers representing the plaintiffs said that the township took the family's land through eminent domain proceedings, but only offered the owners $1 million for a piece of property that was later deemed to be worth about $2.6. million.

During a recent three-day trial, the eight-member jury was charged with deciding whether or not the government had fairly compensated the Zehr family for the land, according to Fox Rothschild, whose attorneys represented the plaintiffs.

David B. Snyder, the lawyer for the family, called to the stand two expert witnesses — an appraiser and an environmental engineer, according to the law firm.

Jurors ultimately determined that the family was not fairly compensated.

"We presented a value of $5.85 million and the jury rendered a verdict of exactly that amount," Snyder said in a statement. "I'm happy for the Zehr family that they finally got a fair price for their property after a 12-year-wait."

Snyder stated that the actual amount of the verdict would likely swell to about $7.5 million after the addition of statutory interest.

He said interest would continue to accrue until the verdict is paid.

It was not immediately clear whether or not the township would appeal the jury's decision.

The property, which is located on Stump Road in Montgomery Township, was originally taken through eminent domain since local officials wanted to develop it as a public park, but Snyder said nothing has been done with the parcel to this day.

Patch previously reported that the land had been taken in October 2010, with the justification by township officials at the time being that the preservation of the land with the creation of a public park would be a greater benefit to the community than a 200-home townhouse development that had been planned for the site.

At that time, former township supervisor chair Robert Birch said that the municipality was unsure what the Zehr family wanted to accomplish with its lawsuit.

"If it's a matter of money, it's a matter of money," he said in November 2011. "The courts will decide it, if we can't 'breach an agreement."

More can be read here in Patch's previous reporting on this matter.