Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 14, 1994 TAG: 9411180011
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
SOURCE: KENNETH SINGLETARY STAFF WRITE|
DATELINE: CHRISTIANSBURG LENGTH: Medium
"It seems to me a very capricious and arbitrary decision," said Justin Askins, a Radford University associate English professor who owns 140 acres near Ironto that borders land owned by Supervisor Joe Stewart.
But Stewart, who asked that Askins' land be removed from the package of other parcels up for consideration, said Askins' avowed intention of never developing his land did not mesh with the purpose of agricultural and forestal districts.
"The man sat right in my yard and said he wanted his land fixed so nobody could ever use it at all, develop it in no way, shape or form, and that's not the intent of this land-use thing."
Askins said he has had conversations with Stewart about the land. He said the land would be his "gift back to nature" and he said, "The point is that program was set up to protect land. ... Clearly it's a program designed to protect the land from development, and that's exactly what I want to do."
Being included in an agricultural and forestal district allows a landowner to apply for a tax cut based on the land's actual use rather than its potential development value. In Askins' case, he said, that tax cut would have totaled $175 each year.
Askins, who built a teepee on his land that he occasionally sleeps in, has had run-ins with the Stewart and the supervisors before, especially during the board's discussions of the county's proposed open-space plan last year.
Askins was an outspoken proponent of the plan, and Stewart criticized it. At a September 1993 public hearing, Askins described Stewart as "recalcitrant" and "obtuse" because of his opposition.
"It's clear to me it's vindictive. It's a way for him to get me a little bit," Askins said Thursday from New York where he was visiting. He did not attend Tuesday's meeting or a September public hearing before the board because he was told he did not need to be there.
Stewart, a farmer and livestock auctioneer, was unavailable Wednesday and Thursday.
No one spoke against the application at the public hearing. Both the county's Agricultural and Forestal District Advisory Committee and the Planning Commission recommended approval of the entire package.
Tuesday, the board passed other parcels totaling 740 acres in Agricultural and Forestal District Nine and 120 acres in District 10. Stewart voted for all the other parcels, which are owned by different residents who had applied to be included in the districts. The county already has about 40,000 acres in such districts.
Askins and county officials are unsure if he can appeal the decision or how long he must wait before reapplying. Askins said he would consider his legal options.
Supervisor Joe Gorman said Thursday a conservation easement might be better suited for Askins' goals.
County Planner Joe Powers said he had never heard of such a singling out in the progam's 14-year history in the county.
Board Chairman Larry Linkous said he was surprised by Stewart's move and knew nothing about it until just before the meeting began. Linkous voted against Stewart's move and was joined by Supervisors Nick Rush and Henry Jablonski.
"I can't remember when one was singled out and voted on differently than the others," Linkous said.
Staff Writer Brian Kelley contributed information for this story.
by CNB