ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, October 2, 1996 TAG: 9610020021
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: CHRISTINA NUCKOLS STAFF WRITER
An attempt by Roanoke County to sell well lots has resulted in a more open process for handling public land transfers.
But the change comes too late to satisfy one would-be buyer and the Hunting Hills residents who fought to keep him out of their subdivision.
Thomas Newcomb, who intended to build a two-story home on a well lot in Hunting Hills, and the neighbors who opposed his plans have reached an agreement in which the land will remain vacant. But neither side is entirely pleased with the outcome, and both blame county officials for their troubles.
Reacting to that criticism, county officials have changed their policy so that all neighboring landowners will be notified in writing when a piece of public land is offered for sale. County Attorney Paul Mahoney said a suggestion that for-sale signs be placed on the lots also is being considered.
A well lot is a parcel of property that contains a well and is generally used for no other purpose.
The controversy began when the Roanoke County Board of Supervisors decided to sell off surplus well lots in preparation for the opening of the Spring Hollow Reservoir as a water source for Southwest County. In April 1995, the county advertised a list of 30 lots, all identified as having development potential. The advertisement was larger than a standard legal notice and thus exceeded notification requirements under state law, Mahoney said.
So far, only seven lots have been sold. Newcomb submitted the highest bid - $30,000 - for a lot on Fawn Dell Road in Hunting Hills, and supervisors approved the sale. However, a title insurance company warned that the tract's designation on subdivision maps as a "well lot" could affect his ability to sell the property.
Last spring, Newcomb asked that supervisors change the plat to delete the reference, an action that required that adjacent landowners be notified by mail. Neighbors objected to the plat change, arguing that the 0.3-acre well lot would be the smallest developed tract in the subdivision except for those designated as town homes.
The two sides negotiated through the summer before finally agreeing that the neighbors would pay $15,000 for the lot, which would be left vacant under a deed restriction. Old Heritage Corp., the subdivision's developer, will contribute an additional $2,000. County officials, in turn, will pay Newcomb $6,000 to release his claim on the land. A representative for Newcomb said he has spent less than half that amount on legal and other expenses.
Representatives on both sides said the $2,000 may be used to purchase water rights so that the well can be used to water the golf course at Hunting Hills Country Club, but Mahoney said that would be subject to an agreement between the neighbors and Old Heritage and would not involve county officials. He said the well could not be used as a water source for a home or business but could be used to operate a sprinkler system.
Without the compromise, the county almost certainly would have faced a lawsuit. Hunting Hills residents said they would take legal action to protect the value of their homes. Newcomb also had threatened to sue if the supervisors did not free up the lot for development after they sold it to him.
Although the issue appears to have been resolved, both sides remain critical of how county officials handled the sale.
"Our primary concern was the lack of notification," said Becky Farris, president of the Hunting Hills homeowners association, who said she did not see the newspaper advertisement.
Emmett Dudding, Newcomb's real estate agent, said his client accepted the agreement only because County Administrator Elmer Hodge had indicated that the supervisors were going to vote against a change in the subdivision plat.
Dudding said the land probably would have been worth $60,000 if the well lot designation had been removed from the subdivision plat, so Newcomb would have stood to make much more than the $6,000 he has agreed to accept.
Dudding and Hunting Hills residents also have criticized Supervisor Bob Johnson for submitting bids himself on several well lots, including the Hunting Hills tract. Johnson was successful in purchasing only one lot, on Ardmore Drive.
Johnson said he was careful to follow the law with his bids, noting that he also publicly announced his involvement during a board meeting and abstained from voting on the Hunting Hills issue.
"I have bent over backwards to comply," he said.
Experts on local government ethics said county officials followed the law in the overall handling of the lot sales and specifically in how they handled Johnson's bids. However, they disagreed on whether Johnson's involvement created the appearance of a conflict of interest.
"In terms of public perception and in terms of good public image, it would be a questionable decision," said Don Lacy, a local government specialist with the Virginia Cooperative Extension. "If I were in that position, I would not have bid on it."
However, Julie Lapham, executive director of Common Cause of Virginia, said the sealed-bid process was an adequate protection against any conflict of interest.
"By the fact that this is a part-time job, that supervisor should not have been eliminated from being a part of the process," she said.
And Lapham added that Roanoke County's new policy for public land sales puts it ahead of most local governments in Virginia.
"I think they're doing good in comparison with some other counties," she said.
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