While rampant and poorly planned development by private profiteers has left this County with a problems that it will take a generation to overcome, one nice side effect of having housing developments created by large developers is that those developers donated land for schools as part of their negotiations with the County. As we are reaching the limits of our ability to develop in the portions of Loudoun County east of Rt. 15, and seeking to limit the size of development to the West of 15, we don't have that donated land, and we're in the position of paying millions of dollars for land on which to build schools.
This whole process is very new to me. I have done a lot of work in Loudoun County prior to joining the School Board, but land use has not been a part of it. It is a huge part of our responsibilities as a Board and I'm working hard to come up to speed on it. Since most parents probably aren't any more acquainted with the process than I was before joining the board, I might be a good person to speak to the topic because I don't assume prior knowledge. In explaining it I also have the opportunity for others to review and correct me if I'm wrong.
Here are a few things I have learned.
1) It's very difficult to find land suitable for schools. We demand very large lot sizes, dozens of acres, for the building, parking and various fields. Most sites in the western part of Loudoun County don't have utilities and that drives the price higher as we seek to extend them to the site or provide them ourselves. The tricky part with utilities is all of the water that must go into and out of the school each day. It's not just a matter of drilling a well and dropping in a septic tank.
2) When a tract of land suitable for a school site is available for purchase, either on the open market or because a land owner is receptive to discussions with the district staff about a sale,
negotiations ensue. One or more appraisals are done and used as a baseline for negotiations.
3) If an agreement can't be reached, the schools have the option of "condemning" the land for public use. This essentially amounts to a seizure, where the School Board says "you say you are willing to sell your land, but not for a reasonable price. We need land for about three new schools every year, and we need yours or we won't have anywhere to put a school. But we're not going to be exploited to pay more for the land than it's worth just because we're in this position, and we can't keep dilly-dallying around."
4) Negotiations continue for about a year, while waiting for a judge to hear the case. Generally shortly before the trial date, the landowners settle rather than go to court.
Every case is unique obviously, with its own complications and timelines.
One of the unique cases was the source of a public hearing for a condemnation last week, and written about in
this Leesburg Today article. In this case, the landowner is protesting the condemnation of his property on two basic grounds. The first is that he lives on the property and the policy of the School Board is not to take residential property by condemnation. The second is that the Board didn't give him adequate time to respond to its offer before beginning the condemnation process.
The article states:
John Duncan Crerar lives on his property. In the past, the school board has adhered to a policy of not seeking condemnation of properties used as residences.I don't see any response within the article, so I thought I'd give one here because the implication that the Board is evicting people is pretty harsh. Mr. Crerar has been attempting to sell his property, including the section where his house is, for some time. It seems clear that he'd rather have the money than live there. I would never vote to kick someone out of their home who planned to stay.
The article also quotes Mr. Crerar's attorney, John Farrell.
"We had a very flawed appraisal handed to the property owners on the 29th of May," Farrell said. "Within a week, the notice of a public hearing was filed. Has there been an opportunity to negotiate?" Mr. Farrell is blowing smoke. A public hearing is not an action to condemn and does not put and end to negotiations. It is an effort to seek the input of the community. Neighbors adjacent to the properties came and spoke about their concerns with building a school across from them. The Board needs an opportunity to consider this information before it votes to authorize condemnation. Even a vote by the Board to authorize the condemnation process is not an action to condemn. It just gives the staff one more option, to be exercised in the future, to ensure that when the next 3,000 students show up, they have somewhere to go.
Finally, the article contains allegations that the entire process is being handled behind closed doors. The negotiating process and the discussions among the Board and staff members need to be private. I know that goes against our instinct for open government, but one of our mandates is to not waste taxpayer money. Clearly, showing all of our cards would do nothing but weaken our bargaining position and ultimately would put more tax money paid by average people into the hands of wealthy landowners, leaving less for the important business of building and running the schools.
To ensure that there is no abuse of the closed process or the power to condemn, there are courts with oversight. And ultimately, elections.