December 23, 2002

By Dianne Wiebe, Correspondent

Daily Freeman

79 Hurley Ave.

Kingston, N.Y. 12401

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ELLENVILLE, New York - A long-standing impasse between the town of Wawarsing and Port Ben resident Herta Denier appears no closer to a solution after a public hearing on the town's eminent domain proceedings against her.

Denier owns property the town would like to acquire for the rail trail under development along the old Delaware & Hudson Canal. Town Supervisor Richard Craft said Denier had verbally agreed to sell the property over a year ago, but the sale never took place.

Now, James Barry, Denier's attorney, says she no longer wants to part with the train station from the former Ontario and Western Railroad, but is willing to sell the land the town needs for the trail.

Barry, while acknowledging his client is "hard bargainer, not shy," said the town has harassed her for years.

"Mrs. Denier is a citizen, not a criminal," he told Town Board members last week. "She is a senior citizen and a widow -- you're attacking a widow. It's part of my job to try to bring a little peace into her life."

Barry said other stations along the former railway are privately owned and used for various purposes. He said Denier is willing to sell 12 acres of land for $2,100 per acre, if she is able to keep the station and one acre.

"We really don't want to fight over it," he said.

Denier said she has put money into the building over the years, and was told by a representative of the state's historic preservation office that the station "has been called one of the best preserved stations in the area."

Craft said the town's move toward eminent domain followed years of negotiations that obstructed the progress of the linear park. He said he understood that condemnation proceedings would demand the town pay the price of the highest appraisal.

Kay Hull, who recently sold property to the town for use as part of the trail, asked what long-term goals the town has for the property it has already acquired. Craft said the board has already contacted its grant writer about signage for the trail, and repairs will be made on a part of the trail washed away during flooding.

In a related matter, the Town Board agreed to withdraw a 1993 application for funding for the trail project, since it could not be completed in a timely manner.

By withdrawing, the town can apply without prejudice for funds in the future. However, Craft said the $40,000 the town has already spent on the project will not be reimbursed.

©Daily Freeman 2003

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