Stafford supervisors want to condemn the peninsula. FILE/THE FREE LANCE-STAR

K&M Properties, which owns Crow's Nest, says a local developer has offered it more money for the tract than Stafford County has. FILE/THE FREE LANCE-STAR

Crow's Nest condemnation process could take up to a year

By MEGHANN COTTER

Date published: 6/22/2006

By MEGHANN COTTER

Wildlife will continue to roam and trees will still blossom on the environmentally sensitive Crow's Nest peninsula for at least another six months to a year.

Stafford County courts will need about that much time to rule on whether Stafford officials can condemn 2,887 acres of the 3,800-acre tract for public use.

Stafford supervisors made an offer in May to buy the same acreage for public use, but have not been able to reach a deal with the owner. Supervisors decided Tuesday night to use the property seizure process to turn the area into a nature preserve.

Crow's Nest's owner, K&M Properties of McLean, wants to cash in on its long-term investment by building houses there.

The land, home to rare plant and animal species, sits on the eastern end of the peninsula between the Potomac and Accokeek creeks. The condemnation would not include the peninsula's most inland part, known as Crow's Nest Harbor.

That area was platted in the 1970s for a 300-home subdivision. It's near a great blue heron rookery, which was preserved years ago.

Talk of condemnation has lingered since last fall, when supervisors ordered a new appraisal of the land. A month ago, the county offered to buy it for $30.5 million, about $3.5 million more than the private appraisal.

County Attorney Joe Howard said K&M's attorney, Clark Leming, responded with questions. But the supervisors were looking for an answer.

"We hadn't really had any negotiations by way of a counteroffer, and the board wanted to move forward," Howard said.

Local governments can take private property for public purpose if a sale cannot be negotiated and the owner is compensated at fair market value.

The county has hired a Fairfax firm, Blankenship & Keith, to handle the case. Howard said the county will petition the court by the end of June.

Leming said the condemnation decision is not surprising, but it seems premature.

"We assume it's an important step for the board to continue to persuade the activists that they are doing everything they can to purchase Crow's Nest," he said.

He questioned whether the county has the necessary paperwork and funding to pursue condemnation.

Local governments can condemn property by a quick-take or slow-take process, said Henry E. Howell III, an attorney with Waldo & Lyle in Norfolk. The firm exclusively handles condemnation and property rights cases. Quick-take requires more advance paperwork, but it allows immediate possession of the property, even before a petition is filed in court, Howell said. The condemning body must also deposit the appraised value before taking ownership. Stafford County is pursuing the condemnation of Crow's Nest through slow-take. That means the county won't acquire the land until the petition is filed and the owner has been compensated fairly, Howell said. Stafford must take the following steps: The county must complete a document identifying the owners of the property. A certified appraiser must give an opinion on the property value. That includes any damage to the value if only part of the property is taken. The county must engage in a good faith effort to buy the property, making an offer and giving the owner 30 days to respond. The county files a petition for condemnation with the court, and the property owner responds. A judge or jury trial is held to determine fair compensation. The five jurors must be county residents, and they can be elected by the property owner. Condemnation cases can be appealed within 30 days.

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Date published: 6/22/2006