Fairmont, West Virginia, City Council to vote on box factory eminent domain

Eminent domain allows a government body to acquire property from a private owner, even if the owner doesn’t want to sell it, as long as the government provides fair compensation.

Fairmont Director of Planning Shae Strait said the land on which the long-closed factory sits is critical for the city’s fledgling redevelopment plan for the Beltline neighborhood.

“The property itself and the building are the keystone to the whole project, so without it, it would be difficult to complete and finish, which is why the city is unfortunately having to use this last resort in order to obtain ownership of it,” Strait said.

“One of the biggest concerns is just from the perception of safety for the public,” he said. “I don’t think anyone would feel comfortable advocating to families and children to go adjacent to this building to ride their bikes or play on a soccer field. We have to obtain this not only for those safety reasons, but also so we can build the best park and trailhead possible for the community.”

Strait said negotiations with the current owner have been unsuccessful, leading to this rare instance of the city considering eminent domain proceedings.

“While I view it [eminent domain] as a last resort, it is a fair way to also come to a conclusion on a necessary project,” he said. “We have to make sure the current property owner is taken care of and that they get fair compensation for the property. If necessary, they also get helped out with relocation costs and so forth. ...

“That will be done in this situation. The city has already done an appraisal of the property, so we do already have a commercial value to the building and land, and the court will make sure the owner gets compensated for that if needed.”

Strait made it clear that council passing the ordinance Tuesday would not automatically lead to the building being purchased, however. Instead, the matter will then go onto Marion County Circuit Court for an ultimate decision.

Earlier this week, Strait attended the Marion County Board of Education meeting in hopes of gaining the board’s support for the project. While the matter wasn’t discussed publicly, Marion County Superintendent Dr. Donna Heston said that the board has discussed its thoughts on the plan, although neither official support nor rejection has been made clear.

“The Board of Education has received a copy of the proposed plan and is reflecting on the positives,” Heston said. “They’ve been asked to review and provide input related to better meeting the needs of students for future growth in the area.”

Fairmont City Council will meet at 7 p.m. Tuesday in the Fairmont Public Safety Building at 500 Quincy St.