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Settlement likely in years-old forfeiture debacle

A solution may be in sight for a botched property forfeiture that resulted in the county commissioners owning property that came into their ownership without their knowledge.

The whole saga goes back to a criminal case against Franklyn M. Geiger, who was sentenced in 2016 to 92 to 184 months in state prison on charges including running a corrupt organization.

As part of that plea deal, according to exhibits filed with the county’s suit – an action to quit title, Geiger agreed to an asset forfeiture that included several vehicles as well as three properties in the City of Warren – 13 Madison Ave., 11 Madison Ave. and 414 Laurel St.

The properties, by court order, were transferred to Warren County.

But the county had no knowledge of that transfer.

The issue was in court on Thursday for a hearing on a county filing that sought to formalize forfeiture, gain permission for the District Attorney’s office to sell the properties and seek reimbursement for maintenance costs.

The situation has been complicated by a sewer lien that pushes $15,000 while the filing notes nearly $7,000 in a lien for back taxes.

Judge Hammond called this a “rather odd and convoluted manner.”

He called it a “matter that should have been settled six years ago.”

Before starting the hearing, he said he would give additional time for settlement discussions. However, he defined what kind of settlement he would accept: the properties be put up for sale, the liens be paid then the county reimbursed for maintenance with any proceeds. Any remaining funding would go to the DA’s office.

“Frankly, I don’t care what source of county funds are used,” he said. “To me, it’s a budget issue…. We’re wasting the taxpayers’ money in this litigation.”

After a recess, Warren County Solicitor Nathaniel Schmidt said there was a settlement in place which included “general language” on where the proceeds from a sale would go.

Hammond argued that the property can’t be transferred without addressing the liens and back taxes.

Schmidt said the county has an argument that the sewer liens are expired.

Hammond made clear he wouldn’t sign a settlement that “prejudices” the city or Tax Claim relative to the liens.

“That’s the settlement I said I would accept,” he said.

Schmidt noted that the county’s last solicitor had brought suit against the DA over this situation.

“That was misguided,” he said. “(We are) not trying to make this a contentious issue…. We want closure.”

Hammond gave the parties 10 days to submit a written settlement agreement and Schmidt said he would file that agreement sooner than that.

Starting at $3.50/week.

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