Palmyra files action against property owner

The house in question is tightly wedged between railroad tracks and Tellier Road and is destined to fall down.
It happens every so often. A bidder at the County tax foreclosure auction bids on a property sight-unseen, thinking there may be a bargain in the making.
That was the case in 2008 when David Kern bought the property at 4775 Tellier Road in the Town of Palmyra for $1750. The house is tightly wedged between CSX railroad tracks on the north and Tellier Road on the south. The distance between the house and the tracks is 14 feet and the road and the front door of the house about the same distance.
Records show the two-story house’s original owner, Anthony Caster, let the dilapidated property go for back taxes and it was seized and auctioned off by Wayne County in August of 2008.
Kern soon discovered there was no value in his prized possession and he too planned on letting the property go back to the county for back taxes. Records show no taxes have been paid on the property for four years. The house and property is assessed at $10,000.
The County moved to put the property in a Section 8 listing, meaning that property taxes were no longer accruing, the property was taken off the tax rolls. It normally takes two years for the foreclosure process to move forward.
The County, knowing no one would ever again buy the now disintegrating property, and learning their lesson from previous abandoned properties, refused to foreclose and take ownership of the property. The County discovered that taking possession of certain tax delinquent properties with no value, or requiring massive clean-up bills, was not in the public interest.
As the years passed, the Town became concerned about the condition of the property and it was officially condemned and posted. In March of this year, the Town passed a resolution for Kern to either fix the property, or take it down.
To make the issue even more complicated, David Kern transferred ownership of the property to his son, Karl Kern, residing at 5183 Ridge Road in Williamson, in April. The Town was then required to pass yet another, similar resolution in the name of Karl Kern.
Since that time, the boarded up entrance to the house has been removed by suspected snoopers and the property has become more of a danger to anyone crossing its doorway. The Town filed a Notice of Claim on the property with the intent of taking the building down and putting the cost back on Kern’s taxes.
Records show Karl Kern now owes far more than the property is worth in back county, town and school taxes,but is hoping to dodge the back taxes and unload the property for back taxes.
The Town of Palmyra decided to take action against Karl Kern and filed a court action, demanding he pay to have the house demolished. Town Supervisor, Ken Miller, received a boost in his efforts after CSX, the owner of the rail lines, sent a letter to Karl Kern and forwarded to the Town of Palmyra advising them that if the house collapsed, it could indeed fall and block the tracks that see both frequent Amtrak passenger and freight service.
In the letter to Karl Kern, CSX representative, Nathan T. Floyd writes:
A recent inspection of CSX Transportation’s (CSXT’s) property reveals that you are the current owner of the residential structure and real property located on or near 4775 Tellier Road in Palmyra, New York. As you know, your property abuts CSXT’s operating railroad tracks and corridor. The residence on your property is in a state of disrepair and poses a potential safety and operational issue for CSXT…
Your home must be stabilized or demolished immediately to avoid a potential safety issue. Should you elect not to address this situation, you assume the risk and understand that CSXT will hold you and your agents responsible for any losses, costs or damage caused by or related to your residential structure. CSXT will further pursue all available remedies at law or in equity.
Karl Kern could not be reached for comment.