Land would cost Hampstead $2.89 million

Chttp://www.carrollcountytimes.com/articles/2009/12/09/news/local_news/2_hampsteaarroll County Times ^ | 9 December 2009 | Erica Kritt

[Sgt_Schultze]

Hampstead must decide if it will pay $2.89 million for a 10-acre parcel of property that it acquired in an eminent domain trial.

The six-member jury came up with the $2.89 million figure Tuesday as just compensation for the property the town wants to take from Oakmont Green, a golf course in Hampstead. The town sought the land because it includes a well.

That figure is more than the highest appraisal that was presented in the trial.

After the number was announced, Lee Snyder, owner of Oakmont Green Inc., was on the verge of tears.

He said he is hoping this number will be high enough to keep the town from acquiring his property.

“It was never about the money,” he said. “What we were concerned about was keeping the well.”

Carol Kerr, of New Windsor, one of the jurors, said she and her fellow jurors were surprised that the judge sided with the town.

“The first thing we did, which was [Monday], was discuss if we were on the side of the town or the golf course,” she said.

She said the jurors decided that despite witnesses for the town testifying that the golf course could function with just one well, the golf course needs both wells to be viable.

Kerr said some jurors wanted to make the just compensation as high as $3.5 million, but after discussing the case, they unanimously agreed on $2.89 million.

She added that the jury came to the number by subtracting the highest appraisal from the town’s two independent appraisers, which was $110,000 by $3 million. The $3 million was the appraisal of how much the entire Oakmont Green property was worth, according to an appraiser hired by the golf course.

Kerr said the jury wanted to give Snyder enough money to possibly get more water.

She added that the jury felt the amount might hinder the town from actually acquiring the land and well.

Michelle Ostrander, Hampstead’s attorney, said the town was grateful for the judge’s decision Monday to allow it to acquire the property.

At a Hampstead Town Council meeting Tuesday night, council members made no comment on the trial. However, the council went into closed session to discuss legal matters after the public meeting.

According to Richard Titus, a lawyer for Oakmont Green Inc., both sides have a right to appeal the decision.

If the town decides to take the property, it has 120 days to pay the verdict, unless an appeal is filed.

[Sgt_Schultze]

This is a case of eminent domain whereby the town was actually trying to acquire property for the benefit of the community (water). Apparently the jury wanted to make sure the property owner would be compensated for the loss of his business at full appraised value - nearly $3 million. The town was looking to pay about $110,000. Good for the jury looking out for their neighbor, even though it would impact their own wallets.

[Myrddin]

The jury is correct is this case. Taking the well destroys the entire $3 million business. Let the "community" purchase the business at market value, then do what it wants with the water resources. Perhaps it could become a municipal golf course with allocation of the water at the discretion of the new (public) owner.

[the_daug]

Why is drilling a new well on land that is available not an option? EPA Regulation?

[etcb]

This jury did a great service in properly applying the constitutional requirement for “just compensation” in taking cases. Government entities want to limit payment to appraised value which is not necessarily just compensation. Many factors other than market value should be considered in justly compensation anyone for loss of their property. Decisions such as this will go a long way toward stopping abuse of this power.

[Eagles2003]

I don’t remember this golf course existing when I held our annual golf outing down the road on the other side of Hampstead at Piney Branch multiple times back in the ‘80s.

This town had plenty of time before the golf course was put in to secure water resources or wells without having to condemn 10 acres of a golf course.

Note also Oakmont has some of the headwaters of the Gunpowder River system originating on it’s property. That’s the Baltimore City/County water supply system, one of the best.

And we just had a golf course in Kingsville, MD go belly up, questionable foreclosure tactics and lots of tugging for access after Baltimore County bought it.

Obviously a power grab here, I don’t think it’s over, I think it’s just starting.

[OldMissileer]

For goodness sake! I think the Government should be able to take the land. Just look at the property taken with the Kelo decision and see how well that land is being used for good of “the People.” (Do I really need a sarc tag?)

[RobinOfKingston]

Could the bastidz who operate Hampstead not drill another well on their own property??

Or has it just become too easy to take what the other guy worked for?

[fallujah-nuker]

Just look at the property taken with the Kelo decision and see how well that land is being used for good of “the People.

LOL. I think some of those weeds growing on that now vacant lot may be endangered species?

[jpsb]

Noboby knows how to drill a well in Maryland?

[Sgt_Schultze]

Ha! Why should they try if they can just take somebody else’s?

[Tolerance Sucks Rocks]

Why can’t the crinimals running Humpstead just drill their own well?

Maryland “Freak State” PING!