Murrysville rezones private property designated as 'public lands' in the '80s

Murrysville officials voted this month to rezone a 3-acre, privately owned property near Hills Church Road and Carriage Circle after an investigation revealed the land had been incorrectly designated as public for decades.

The rezoning brings the parcel in line with its residential surroundings.

The effort began in early fall when the property owner questioned the public land zoning status.

“The property owner was asking why it was zoned as public lands, and we really couldn’t figure out the answer at first,” said Murrysville Chief Administrator Michael Nestico.

Finding the answer required digging through planning commission and council minutes dating back to the late 1980s. The parcel was initially designated as green space during the development of the Fairfield subdivision across the street.

“That happened in advance of the approval of the Fairfield plan,” Nestico said. “But the property was never deeded to the municipality, and we can’t find any official documentation of the municipality accepting the property.”

The municipality has had little to do with the property over the years. Murrysville Enterprises pays the property taxes and arranged for a neighbor to mow the land.

Ron Weaver, representing Murrysville Enterprises at council’s Nov. 5 meeting, said the owner discovered the discrepancy while settling an estate.

“Property owners have the right to sell and the right to exclude, and these property owners have neither,” Weaver said. “What rights do we have? Do we have the right to clear it? This is what we call a legal quagmire.”

Murrysville solicitor Wes Long said the property could likely be sold, “but I don’t know about its marketability based on the public lands zoning designation.”

“I don’t think it makes sense to have private property zoned for public use,” said Dayne Dice, council president and mayor-elect. “Regardless of what deed dedication should’ve occurred, it’s private property — no one disputes that — and the zoning makes it functionally useless.”

Council voted 5-1 to rezone the property as R-2 residential, which matches all adjacent parcels. An exception is a small sliver of property to the north that remains zoned as public land.

Steele’s Run creek flows through both parcels, which solicitor Long suggested may have factored into the initial public zoning.

“That’s a major waterway (that flows directly to Turtle Creek), so it may have been part of the consideration,” Long said.

Councilman Carl Stepanovich cast the lone dissenting vote.