County delays seizing land for school

After one angry lawmaker defended a constituent against Baltimore County administrators attempting to seize his private property while he?s out of town, county officials said they are willing to compromise.

In what could have been the second property seizure announcement of the month, Baltimore County land acquisition chief Shirley Murphy asked members of the county council Tuesday for permission to condemn 6.7 acres of land off Ebenezer Road in White Marsh, citing failed negotiations with the property owner.

She said the county needs the land to build the new Vincent Farms Elementary School.

But with property owner John Gross away on a trip, Council Member Joe Bartenfelder, D-District 6, argued on his constituent?s behalf. After the meeting, Bartenfelder said he thinks county officials want to invoke eminent domain ? a government?s right to seize private property for public benefit ? because the land is worth more than they want to pay.

“A private developer offered [Gross] $700,000,” Bartenfelder said. “To me, that established fair market price.”

According to county documents, one appraiser valued the land at $875,000. Another, however, said the land is valuable only if the county extends public water and sewer access, and set its “as is” value at $250,000.

County officials agreed with the second value, and resisted when Gross countered with $750,000. After inquiries from The Examiner on Wednesday, county officials said they will negotiate a price with Gross when he gets back into town.

“Councilman Bartenfelder has raised some good issues and we?re taking a look at them,” said Damian O?Doherty, chief advisor to County Executive Jim Smith. “You can never be too cautious with these things.”

The school, Vincent Farms Elementary, is slated to open in July 2008 and is expected to alleviate overcrowded conditions at Perry Hall?s Chapel Hill Elementary School. The county already owns about 20 acres on Ebenezer Road for the school?s construction.

Smith announced on Tuesday that the county is seizing a former gas station on the Towson traffic circle from Shell Oil company, citing stymied efforts to purchase it for a park.

He said the oil company refuses to accept responsibility for contaminated soil on the property. It will be the first use of eminent domain since the late 1990s, officials said.

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