After years of stalled negotiations, Stafford County agreed to purchase Crow's Nest, an environmentally-sensitive forest embroiled in controversy.
In a meeting last night, the Board of Supervisors voted, 5-1, to buy a portion of the Crow's Nest peninsula. Supervisor Pete Fields cast the dissenting vote. He didn't give a reason.
Supervisor Joe Brito abstained from voting, noting he didn't have enough time to read the purchase agreement, which the board received in a closed meeting before the vote.
K&M Properties, a McLean-based developer operating as Stafford Lakes Limited Partnership, owns the approximately 3,000-acre tract.
Stafford will now buy 1,720 acres for $19 million, with a two-year option to purchase an additional 1,200 acres for $16.2 million. The 1,720-acre tract is being paid for with a $9.5 million grant from The Virginia Department of Conservation and Recreation, and a $9.5 million, low-interest loan from the Department of Environmental Quality.
K&M asked the property to be valued at $38 million, with the actual price paid by Stafford set at $35.2 million. The difference is considered a donation to the county in accordance with state and federal tax benefits available to the developer.
The marshy peninsula, which sits between Potomac and Accokeek creeks, includes more than 1,000 acres of forest and is home to rare plant and animal species. Local environmentalists have pressured the county to purchase and preserve the land.
But for years, Stafford and K&M could not agree on a fair price for Crow's Nest. The developer has asked as much as $65 million for the tract.
After negotiations continued to stall, the county filed for condemnation of the land in November 2006. Despite the condemnation, K&M filed site plans to develop Crow's Nest into a neighborhood subdivision.
K&M's attorney, Clark Leming, said it was more cost-effective for the company to settle than to continue with litigation.
Supervisors said the condemnation may have helped speed up the developer's decision to settle.
"If the condemnation hadn't happened, I don't think we would have arrived at the agreement," said Falmouth District Supervisor George Schwartz.
The county has two years to come up funding to buy the remaining 1,200 acres of Crow's Nest. If Stafford is unable to secure state or federal funds, then the purchase will go on a voter referendum where taxpayers will decide if they should buy the tract.
But a referendum is unlikely, said Aquia District Supervisor Paul Milde, whose district includes Crow's Nest. "We believe that now that we have an established price, it will be much easier to lobby the federal government" for funding, he said. "I think it's a good deal for the county."
Stafford's unprecedented growth over the years, where rooftops continued to replace farm land, led to a public effort in conserving some open space.
"It's been one of the board's goals," said Deputy County Administrator Anthony Romanello, who referred to Crow's Nest as a "precious resource."
"It's finally nice to have a part of it in our hands," he said.
But environmental groups, such as Save Crow's Nest, were disappointed with the purchase. Cecilia Kirkman, a Save Crow's Nest activist, said the county purchased mostly swamp land that cannot be developed.
"By failing to protect all of Crow's Nest, the board has practically guaranteed that the rest of the peninsula will be developed," she said.
Kafia Hosh: 540/735-1977