Nearly three months to the day since we last editorialized on the subject, we are once again discussing the City of Morgantown taking Dan Nagowski’s property. And the city is doubling down on its justification for the theft.
Since one month is more like seven years in COVID time, we’ll recap the situation for anyone who has, understandably, forgotten: Beginning last winter, Nagowski verbally agreed to allow improvements for the Hazel Ruby McQuain Park on the riverfront to encroach onto about 35 square feet of the Wings Olé (on University Avenue) lower parking lot. No agreements were ever signed. When the construction began to use up more space, Nagowski tried to stop the work, but for months, he was given the runaround by the contractors and city officials. (Recently, Morgantown Communications Manager Andrew Stacy had the audacity to say, “When the park renovations were being done, the city moved forward with the planned improvements based on the understanding that Mr. Nagowski had agreed to them.”) By March, the newly completed restrooms and sidewalk had eaten up about 800 square feet (seven parking spaces) of Nagowski’s property.
After months of threatening to use eminent domain, the city officially filed a suit with the Monongalia County Circuit Court in late November to have the parcel of land “condemned.” Stacy told The Dominion Post, “Over the past year, the city has tried multiple times, unsuccessfully, to come to a mutual agreement with Mr. Nagowski over the property.” This is not surprising, considering Nagowski has said from the beginning he doesn’t want compensation after-the-fact; he wants his land back.
We looked at the eminent domain suit and, frankly, we had to laugh. Not in a “that’s funny” way but in a “you’ve got to be kidding me” kind of way. The filing’s language references actions yet to be taken: Services to be provided, land proposed to be taken, a project to be completed. But the service is already provided — the restroom facility and sidewalk are done and operational. The land has already been taken —illegally. The project has already been completed — construction is finished and can’t be undone. Filing for eminent domain is supposed to be the first step a government entity takes to acquire private property. But Morgantown is trying to justify taking property it has already stolen.
Instead of attempting to retroactively apply eminent domain, the city needs to return to negotiations. According to Stacy, Morgantown’s last offer to Nagowski was the appraised value of the land ($193K) plus court expenses. Considering just how badly the city messed up, it needs to offer him way more — double, if not triple. Unfortunately, Nagowski can’t get his property back. But the city should have to pay him more than the bare minimum for the land it took.
The construction on Nagowski’s property happened under City Manager Paul Brake; the eminent domain filing was signed off on by interim City Manager Emily Muzzarelli; but now we have a new city manager, Kim Haws. Pump the brakes on this lawsuit. Let Haws take a look at the situation; see if he can provide a better solution.
While he’s at it, maybe Haws can tell us how this all happened in the first place — and make sure someone is held responsible for this massive mess so it won’t happen again.
