Rural Retreat old railroad station creates eminent domain debate

The old railroad station is a historic landmark in the small town of Rural Retreat, but Mayor Tim Litz says it's also a big eyesore.

"It's a bit of a slap in the face if you got people stopping and coming off the interstate highway who have looked on the internet of depots, railroad buffs and come and see it covered with poison ivy and paint flaking off of it," said Litz.

The town wants to fix up the depot.

There's only one problem: Jack Weaver owns the building.

He's using it for storage, but says he plans to move the depot to his property before the end of April possibly for a commercial business or a home.

Weaver tells WSLS the town offered him $30,000 for the depot back in February, but he turned down it down because he says more than that is in the building itself and he already has a $50,000 contract with a company to move the depot to his property.

Weaver says if he would have taken the town's offer, then he would have lost money.

Regardless, town leaders are now taking another route and want to take possession of the building using eminent domain.

A public meeting is being held tonight at Rural Retreat Town Hall to get input from the public and help council members decide whether or not they should take action.

"As most important as this depot is to me what's more important is the 5th Amendment being violated by taking personal property," said Weaver who leases the land from Norfolk Southern.

In a proposal, Norfolk Southern offered to give the town the 0.3 acre site as long as it meets certain conditions such as installing a fence to separate the railroad property and the depot, closing the railroad crossing in the town located on Miller Street and the biggest condition is that the town must acquire the building.

"We've tried for years, but have never been able to have access to both the land and the building itself," said Litz.

Litz also tells WSLS the town has not yet signed a contract with Norfolk Southern about the proposed terms.

WSLS: "You're not worried about them {Norfolk Southern} reneging on the deal?"

Litz: "No, no. No, no. Not with this paperwork we have, no."

Weaver thinks it doesn't make sense the town would go as far as holding a public meeting to get input on the issue without having a signed contract.

It's a poor, poor choice, said Weaver.

And one he doesn't agree with.

"I think it {depot} will better serve us than it will the town," said Weaver.

Mayor Litz says some of the town's ideas are turning the building into a public performance or meeting hall.

He says some people in the town would also like to see a museum. "It's not about feelings, mine or anybody else's," said Litz. "It's about keeping part of our heritage in tact."

A public hearing on this issue starts at 7 p.m. at Rural Retreat Town Hall in council chambers.

If leaders vote to proceed with eminent domain, then they will adopt an ordinance which would go before a circuit court judge to determine the station's value.

Weaver could appeal that amount.

He tells WSLS if town council votes to proceed with taking possession of his property using eminent domain, then he will have no choice, but to file suit against the town.