WILLISTOWN — A landowner is in a battle against a Pennsylvania municipality on the future of Maple Leaf Farm.
Richard Glunk made a public plea for support in saving his farm from eminent domain through the condemnation of his agriculture property rights, presently protected under the state’s Agricultural Area Security Law, before the Chester County commissioners on April 8.
The farm, which spans almost 45 acres and today is presently preserved in trust through an easement with the Brandywine Conservancy, in addition to being protected by the Commonwealth of Pennsylvania through the Agricultural Area Security Law. Glunk said farming began on the property in the late 1700s.
Willistown Township hasn’t responded to requests for comment.
The municipality sent a letter to Glunk on April 15 with a notice of contemplated condemnation for 209 Spring Road.
In the letter, the township said it is seeking to condemn 2,060 square feet of the property within the township’s Agricultural Security Area.
Via Willistown’s letter, the condemned area is in the northwestern most corner of the property “in an undevelopable and uncultivable area encumbered by woodlands, wetlands and a riparian buffer.”
The letter also stated: “the condemnation of the condemned area would have no adverse effect upon the preservation and enhancement of agriculture or municipal resources within the area … to the contrary, the condemnation of the condemned area would allow for the reconstruction of the culvert, the restoration and enhancement of the creek’s natural flow and resumption of safe travel by motorists along spring road.”
“I have tried to resolve the culvert problem since 2020 and believed that a solution had been agreed to in 2021,” Glunk told the Daily Local News. “The township cut-off communication and refused to pay for the damage the township caused to my property. I want the culvert repaired or replaced but it must be done properly to protect West Crum Creek.”
County’s role
During public comment in West Chester on April 8, Glunk pleaded for Chester County commissioners to intervene and save his homestead, Maple Leaf Farm, from impending condemnation by Willistown Township via eminent domain.
“It is a public safety issue,” said Bob Lange, who served as a Willistown supervisor for 27 years, ending his tenure on Dec. 31, 2025.
He said the landowner has refused to allow the township to address stormwater infrastructure failures of a culvert over a tributary of Crumb Creek beneath a public roadway, Spring Street, which runs through the property
Repairs are needed to fix the culvert and allow the water to flow freely in order to prevent future floodwaters from rising to the brink of concern, according to Lange.
“Eminent domain and other condemnation procedures have come before the county commissioners several times since I was elected, but I’ve voted against every single one,” said Chester County Commissioner Eric Roe.
“Property rights are among the most fundamental rights a person has,” Roe said. “I’m eager to help Richard Glunk get to the bottom of this and prevent government overreach, whether county government has any involvement or not.”
The commissioners, the solicitor, and other county staff met with Mr. Glunk immediately following the April 8 public board meeting, said Andrew Kreider, communications director with the county. They heard his concerns and learned more about the circumstances.
“Since then, we have been gathering more information on his specific situation and have been focused on determining the county’s role, in the event that Willistown Township commences condemnation,” Kreider said last week.
And that condemnation has since commenced now that the township has sent an official notice to Glunk of intent.
In Pennsylvania, a municipality must send a legal notice to its respective county declaring it intends to condemn an Agricultural Security Area of any protected or preserved property.
Kreider said this is a requirement per the Agricultural Area Security Law.
“We are conducting further research into the law on this issue and what the county’s involvement will be,” Kreider said. “We are focused right now on communicating with Mr. Glunk and Willistown Township regarding their specific situation.”
Conservation easements
“The township is aware that the property is under conservation easement and that the Brandywine Conservancy, as the holder of the easement, needs to be involved in the process. We have not been officially notified that the township plans to proceed with their proposed project,” said Grant DeCosta, director of the Brandywine Conservancy on April 8.
He said Anne F. Thorington granted the conservation easement to the Brandywine Conservancy in December of 1987. The easement covers 55.437 acres of land.
“Unfortunately, conservation easements do not protect a property from eminent domain, however, in Pennsylvania, conserved lands do have special protections,” DeCosta stated.
These protections were added to the Commonwealth’s Eminent Domain Code, to recognize the importance of protecting conservation easements from condemnation, and it establishes that a condemnation cannot commence on land subject to a conservation easement unless a court first determines that there is no reasonable and prudent alternative to the utilization of the land subject to the conservation easement, he noted.
“There are exceptions to this requirement, including emergency projects where, at the discretion of the condemning entity, the taking is reasonably necessary for the protection of life or property,” DeCosta said.
“The Brandywine Conservancy takes its duties to protect conserved land in perpetuity seriously. As a land trust accredited by the national Land Trust Accreditation Commission, we follow strict national quality standards and best practices set by the Commission for protecting important natural places and working lands forever,” he said. “One such standard outlines the required steps a land trust must take when an easement is threatened by condemnation. We are committed to following these steps to avoid, to the extent possible, or mitigate any harm to the conservation values protected by the easement.”
DeCosta said the Brandywine Conservancy currently holds more than 510 conservation and agricultural easements and has facilitated the permanent preservation of over 71,000 acres of land in southeastern Pennsylvania and northern Delaware.
“Willistown Township hasn’t done a very good job with controlling stormwater from development,” Glunk said. “They have all this stormwater they don’t know what to do with, so the easiest thing to do is, you know, dump it on the guy with a large farm and a large piece of Crumb Creek.”
A major piece of the West Branch runs through his property from north to south.to the township, I’ve been here for 26
“I’ve lived here peacefully,” Glunk said. “I’ve always got along with the township.”
He added that is was his dream since childhood to own a farm.
“Leave my farm in peace, let my family legacy endure,” Glunk said. “Leave my farm intact,” he said.
“Part of the farm they are condemning and planning to damage is West Crum Creek,” he said. “West Crum Creek is a breeding area for trout and is designated as Exceptional Value Water by the Pennsylvania Department of Environmental Protection.”
The area is also home to his honey bees.
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Earlier this April, landowner Richard Glunk pleads for Chester County commissioners to intervene and save his homestead, Maple Leaf Farm, from impending condemnation by Willistown Township via eminent domain. The farm is presently preserved. (Jen Samuel — Daily Local News)
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Earlier this April, landowner Richard Glunk pleads for Chester County commissioners to intervene and save his homestead, Maple Leaf Farm, from impending condemnation by Willistown Township via eminent domain. The farm is presently preserved. (Jen Samuel — Daily Local News)
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