Baltimore County has moved to condemn the long vacant Shell service station on the Towson Roundabout to redevelop it as a park. This environmentally contaminated site, an eyesore for years, is one that everyone would like to see removed. So, on face value, this appears to be an excellent proposal.
But is it?
The Supreme Court?s Kelo v. Connecticut decision in June 2005 ruled that local governments can use eminent domain to transfer property from one private party to another for so-called “economic development” ? not just public use as previously established. The property does not have to be blighted to condemn it, but the proposed development must benefit the public by generating greater tax revenues and jobs than in its former state. But the decision also allowed each state to establish its own parameters for how eminent domain could be used for private redevelopment.
Since the Kelo case, 29 states have moved to do just that. Unfortunately Maryland is not one of them. Multiple bills aimed at protectingthe property rights of residents died in the Maryland legislature this year.
The Kelo decision does not apply to the Shell case since a park is clearly a public use. Much hypocrisy surrounds the proposal, however, considering how willingly Baltimore County grants open space waivers to developers in Towson and across the county.
Further, within a mile of the Shell station, the county is considering allowing a group of incorporated residents to lease property previously designated as a park to construct a membership-only pool.
An “Urban Design Assistance Team” (UDAT) visited Towson in June, producing proposals worthy of much consideration, including one to transform the Shell site into a park. County Executive James Smith?s administration deserves much credit for bringing this team of land use professionals to Towson to study and assess its redevelopment potential. Smith vowed not to use eminent domain for private redevelopment in Towson, but could there be some ambiguity? Might properties with proposed “community uses” be condemned for public use and then, as county owned properties, be privately leased?
The Shell Oil Co. is trying to sell the property privately, but expects potential buyers to take on clean-up and liability of the site. One interested buyer is the Towson Chamber of Commerce. Might it not be more appropriate to have this nonprofit, business-enhancing organization situated squarely in the Towson core where it can welcome visitors to town? If the county condemns the site, officials say they will force Shell to perform clean-up, as is appropriate, but are there not already legal grounds to force this?
No one can condone leaving the property as it is. It?s been decaying for nearly a decade, despite a law allowing it to be razed. Fortunately on May 1, an order was signed by the deputy zoning commissioner ordering it cleared. You might say “better late than never,” but its odd that the county only acted on it now, and why it has not been used to address other abandoned service stations.
The county coffers contain $175,000 in state government funds and an additional $475,000 in county funds for a park on this site. If the county uses eminent domain as a tool to force Shell Oil to sell, allowing the property to be purchased at fair market value, it?s appropriate. If no private buyer for the site emerges and Shell Oil remains unwilling to sell to the county, condemning it to eliminate blight and create a public park would also be appropriate. But condemnation should not be used primarily for the county to force its own vision.
Corinne Becker writes about quality of life issues in the community. She is president of Riderwood Hills Community Assoiation in Towson, Baltimore County. She can be reached at [email protected].
