The Biddeford City Council has voted 5-4 to take two parcels totaling 27 acres in Clifford Park. The city had believed it already owned the land until a title search found otherwise. Tammy Wells Photo
BIDDEFORD — About 27 acres of land that has been considered part of Clifford Park in Biddeford for more than 100 years is now officially a part of it.
City councilors, in a narrow 5-4 vote on Feb. 7, agreed to condemn an 18-acre parcel and a 9-acre parcel – 27 acres in total.
The action clears the titles to the 18 and 9 acre lots. The matter came to light as the city conducted a title search as it prepared to transfer 4.2 acres of land in the park to E &R Development Corporation as part of a swap for 100 acres from E & R and Gervais Dube. E & R Development recently won approval from the Biddeford Planning Board for a 19-lot subdivision on an 8.31-acre land parcel adjacent to Clifford Park. The city learned that the 4.2 acres to be used in the swap was part of the 27 acres the city apparently didn’t own.
The last deed conveyance appears to have taken place in the late 1840s, according to the city’s condemnation order.
The order references many individuals as heirs, along with a church, Pepperell Manufacturing Company, Westpoint Stevens, Saco Water Power Company and others.
Some city councilors objected to the time allowed for heirs to come forward with a claim — heirs were notified by letter on the Thursday prior to the Tuesday city council meeting.
City Solicitor Harry Center noted no one has paid taxes on the parcels for many years, and “no one has said this is my land, this is my property.” He also noted that a search of city records did not turn up any indication the city had pursued tax liens on the properties.
There is a period after a condemnation action where people may step forward, Center noted.
City Councilor Liam LaFountain said he would want more than four days’ notice if someone was preparing to take his land by eminent domain, and asked what other avenues were considered.
Center said the alternative would be a quieting of title, which he said would be more time consuming and more expensive — and he noted the courts are backlogged. “It would take years to bring a quieting of title action,” he said.
“We’re really taking it from ourselves; no one has claimed ownership for years … we want this to clean up the title and move on,” said Council President Norman Belanger. “We always thought it as part of Clifford Park.”
Belanger went on to say that the title needs to be cleared.
“To me, this is the most expedient and cost-effective way,” said Belanger. “I happen to support the 4 acres for 100, but that isn’t in front of us … we need to clear the title no matter what happens.”
Several residents stepped forward to object to the action or express frustration.
Chrystina Gastelum noted that in October 2020 the city council had agreed that there would be further conversations on the land swap proposal with E & R Development because staff could not answer some questions at the time, but noted that did not take place.
“Using eminent domain to make this all work is just another piece of a pretty broken looking process,” she said.
“Once the public became aware (of the land swap) they were continually told it was a done deal and too far along in the process for changes to take place,” said resident Maya Atlas, who suggested a delay in the process.
Another resident said the city knew there was an issue with the deed during a planning board site walk in the spring of 2022.
Loren McCready asked councilors to vote against the condemnation order and opined that the taking did not meet legal requirements.
Councilor Bob Mills said he planned to vote against the proposal and said he believed the actions of the city council and planning board concerning the property are null and void because the city did not own the property.
Councilor Doris Ortiz suggested another week or two would give heirs more time to respond.
City Manager Jim Bennett said he did not know what a one- or two-week delay would mean and noted there is a window of time where a developer needs to undertake environmental tasks — but that the clearing of title is something that needs to happen.
“If we do not clear title, you have breached the contract the city has entered into … and if you do, you are 100 percent liable for whatever claims may be made,” Bennett said, adding there would be no protection from the Maine Tort Claims Act.
Councilor Marty Grohman said he is a big supporter of Clifford Park and favors the land swap “but I don’t like how this particular order has advanced,” and asked for a little more time.
“It’s a gem of a park, but it has not been a gem of a process,” Grohman said.
In the end, the vote to move forward with the commendation was approved, with councilors William Emhiser, Marc Lessard, Doris Ortiz, Julian Schlaver and Norman Belanger in favor, and councilors Bob Mills, Scott Whiting, Martin Grohman and Liam LaFountain opposed.
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