Mike Savageberg Wrote:
-------------------------------------------------------
> Old Farte broke wind,"Hmmm...didnt Virginia
> recently pass something that disallowed eminent
> domain when the property is simply turned over to
> a commercial establishment?"
> Somebody needs to get Myra Ashley to call AG
> Cucinelli and explain her situation. I'd love to
> see libetarian Cucinelli support this womans case
> against the so called liberals that run the
> Fairfax County Board.
>
>
> They pretend to be sympathetic to the poor and
> downtrodden but when it comes to money they'll try
> and stick it too you.

I agree!

Fairfax County's Improper Land Grab
http://vienna.patch.com/groups/dave-websters-blog/p/fairfax-countys-improper-land-grab_0c618503

Myra Ashley has lived on Raglan Road in the Tysons Corner area all her life. Now she is being told she must move to make way for a massive redevelopment project called Spring Hill Station. That doesn’t bother her but not getting a fair price for her property does. A deal that the developer, the Georgelas Group, made with the Fairfax County government is hindering her from selling her property to the highest bidder.


In order to gain zoning approval from Fairfax County for the Spring Hill Station development, the Georgelas Group agreed to a “proffer” to purchase 2.8 acres around the existing Raglan Road Park to make room for a sports field that the new Spring Hill Station residents can use. The catch is that if the Georgelas Group is not successful in negotiating with Ms. Ashley (and her cousin Dave Wallace who owns adjoining property), the proffer states the county can use eminent domain proceedings to take the land. If that happens, the Georgelas Group must reimburse Fairfax County for its condemnation payments. (See proffer attached.)

With the threat of a county eminent domain proceeding in the background, the developer has little incentive to offer anything in excess of the assessed value ($460,000) and, in fact, that is exactly the offer that she received at first from the Georgelas Group according to a June 6, 2013 Fairfax Times article.

http://www.fairfaxtimes.com/article/20130606/NEWS/130609606/original-tysons-landowners-feel-pressure...

When she received a higher offer from a third party, $660,000, Fairfax County government officials interceded and verbally offered to have the Georgelas Group match the offer. So she put off the sale. When the written offer from the Georgelas Group came in it contained a number of deductions that Ms. Ashley hadn’t counted on so she was back to square one.

Several questions arise concerning the actions of the Fairfax County government here.

First, why on earth are Fairfax County government officials negotiating on behalf of a developer that could do so itself? Either the county should use its eminent domain rights or not. Fairfax County should not be in the position of being an officious intermeddler.

Second, did the Fairfax County government ever consider that the enforcement of this proffer might violate the Property Rights Amendment to the Virginia State Constitution which the voters just passed in the November 2012 election and which became effective this year. (I have attached the actual ballot language.) For our purposes, the pertinent language is “a taking … of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development.” (emphasis added). If Fairfax County had come in and taken Ms. Ashley’s property for a park, that would not present a problem. But this proffer is in the middle of a voluminous special exception application relating to the entire Sprint Hill Station development. The issue of taking the park land cannot be separated from the development as a whole. Hence, in my opinion, any attempt by Fairfax County to take Ms. Ashley’s land pursuant to the proffer violates the Virginia State Constitution.

The easy way out here for Fairfax County is to just make a statement that it will not use eminent domain proceedings against Ms. Ashley’s property. The language in the proffer on eminent domain use by the county does not obligate the county to take the property. It is merely an option for the county.

With Fairfax County out of the way, Ms. Ashley could negotiate without the price of her property being artificially limited to the assessed value, a value which is most certainly less than what she could get in a free and fair transaction. If the Georgelas Group does not buy the property, there would surely be other interested parties.

Last, but not least, McLean’s original African American families were forced out one by one as the real estate values rose so high that many families could not afford the escalating real estate taxes. If you drive down Lewinsville Road in McLean you will pass by the Pleasant Grove Church which is a remnant of that once thriving community. It is unkind beyond measure to treat Ms. Ashley in this manner as her family has lived on the property since 1941. Is it too much to ask that she be allowed to profit a little from the increase in value of her property?

To read the PDF files, go here...

http://o.aolcdn.com/dims-shared/dims3/PATCH/format/jpg/quality/82/resize/458x295%5E/http://hss-prod.hss.aol.com/hss/storage/patch/8753a57bfb45d4cb84c21ddc7e90e865

and here
http://o.aolcdn.com/dims-shared/dims3/PATCH/format/jpg/quality/82/resize/458x295%5E/http://hss-prod.hss.aol.com/hss/storage/patch/f98dff7f25c462c30ed9737019d7a0ef

Property Owner Myra Ashley and her cousin Dave Wallace. Credit Shamus Ian Fatzinger. The Fairfax Times and Pleasant Grove Church. Lewinsville Road. McLean, VA.
Attachments:

Well Tysons Engineer what do you think now????

This is why I was so concerned. I had suspicions that the county would take this route and now the homeowner is hamstrung. Unable to sell their property because the county wants it.

Seems unfair for the county to "bully" its citizens, but then again lately that's what they've been best at.

Mr. Insensitive Wrote:
-------------------------------------------------------
> Well Tysons Engineer what do you think now????


He was against the use of eminent domain. Why are you asking what he thinks if he agrees with you?

Tysons Engineer Wrote:

"Yes because I am doing that. Especially when I say that eminent domain should not be used, and am vehemently opposed to the relocation of residential uses when there are literally acres of parking lot that could instead be used."

You can't read Wrote:
-------------------------------------------------------
> Mr. Insensitive Wrote:
> --------------------------------------------------
> -----
> > Well Tysons Engineer what do you think now????
>
>
> He was against the use of eminent domain. Why are
> you asking what he thinks if he agrees with you?
>
> Tysons Engineer Wrote:
>
> "Yes because I am doing that. Especially when I
> say that eminent domain should not be used, and am
> vehemently opposed to the relocation of
> residential uses when there are literally acres of
> parking lot that could instead be used."


Now scroll up from where he first started his rants.

Tysons Engineer Wrote:
-------------------------------------------------------
> If I could interject. The whole need for this park
> is phony in the first place. Tysons is going to
> have 16 major ball fields the way things are
> going. Why do we need so many of these massive
> parks? People who live in cities use the city as
> their recreation. Some small parks are nice every
> once in a while, but when you start condemning
> others houses, and squeezing things in where they
> dont want to fit, thats when the cookie cutter
> solution has gone too far.
>
> I dont think anyone in the future (Tysons
> residents in 2035) will care if this park was
> provided or not. Focus on schools and
> transportation and stop adding this dumb costs and
> unarguable elements into the master plan.
>
> -End rant about bad policy making for Tysons-

The part where he calls the park plan not necessary and says that condemning peoples houses is a bad cookie cutter solution?

Tysons Engineer Wrote:
-------------------------------------------------------
> If I could interject. The whole need for this park
> is phony in the first place. Tysons is going to
> have 16 major ball fields the way things are
> going. Why do we need so many of these massive
> parks? People who live in cities use the city as
> their recreation. Some small parks are nice every
> once in a while, but when you start condemning
> others houses, and squeezing things in where they
> dont want to fit, thats when the cookie cutter
> solution has gone too far.
>
> I dont think anyone in the future (Tysons
> residents in 2035) will care if this park was
> provided or not. Focus on schools and
> transportation and stop adding this dumb costs and
> unarguable elements into the master plan.
>
> -End rant about bad policy making for Tysons-

Seems to be against it to me.

Dave Webster Wrote:
-------------------------------------------------------
> Last, but not least, McLean’s original African
> American families were forced out one by one as
> the real estate values rose so high that many
> families could not afford the escalating real
> estate taxes. If you drive down Lewinsville Road
> in McLean you will pass by the Pleasant Grove
> Church which is a remnant of that once thriving
> community. It is unkind beyond measure to treat
> Ms. Ashley in this manner as her family has lived
> on the property since 1941. Is it too much to ask
> that she be allowed to profit a little from the
> increase in value of her property?

See, that's racism! That's what Jesse Jackson waas talking bout!
Attachments:

Let me check the care meter:


0..|.........................10


Yep, meter reads "no fuck given."

"McLean’s original African
> American families "

Yeah. Who knew that MM Post was "African American"?

dipwad...

Dave Webster Wrote:
-------------------------------------------------------
> When she received a higher offer from a third
> party, $660,000, Fairfax County government
> officials interceded and verbally offered to have
> the Georgelas Group match the offer. So she put
> off the sale. When the written offer from the
> Georgelas Group came in it contained a number of
> deductions that Ms. Ashley hadn’t counted on so
> she was back to square one.
>
> Several questions arise concerning the actions of
> the Fairfax County government here.
>
> First, why on earth are Fairfax County government
> officials negotiating on behalf of a developer
> that could do so itself? Either the county
> should use its eminent domain rights or not.
> Fairfax County should not be in the position of
> being an officious intermeddler.
>
> Second, did the Fairfax County government ever
> consider that the enforcement of this proffer
> might violate the Property Rights Amendment to the
> Virginia State Constitution which the voters just
> passed in the November 2012 election and which
> became effective this year. (I have attached the
> actual ballot language.) For our purposes, the
> pertinent language is “a taking … of private
> property is not for public use if the primary use
> is for private gain, private benefit, private
> enterprise, increasing jobs, increasing tax
> revenue, or economic development.” (emphasis
> added). If Fairfax County had come in and taken
> Ms. Ashley’s property for a park, that would not
> present a problem. But this proffer is in the
> middle of a voluminous special exception
> application relating to the entire Sprint Hill
> Station development. The issue of taking the park
> land cannot be separated from the development as a
> whole. Hence, in my opinion, any attempt by
> Fairfax County to take Ms. Ashley’s land
> pursuant to the proffer violates the Virginia
> State Constitution.

Take a closer look at this. The county intervened and represented their contract to verbally match the 600K offered on the property. Who in their right mind in the county government would do that?

who knew those native americans were still alive?



Edited 1 time(s). Last edit at 06/27/2013 12:46PM by bomble.

(Just a note to say that I didn't post ANY of the attacks on TE. I discovered that I was being impersonated back in June 2013, and I registered here on June 28, 2013 at about 11:11 am edt, to stop the impersonator from using my name. I post using my name, and I do not use fake names to attack anybody. I know, nobody cares. Just saying.)



Edited 1 time(s). Last edit at 12/18/2013 11:00AM by Bob Bruhns.

Bob Bruhns Wrote:
-------------------------------------------------------
> (Just a note to say that I didn't post ANY of the
> attacks on TE. I discovered that I was being
> impersonated back in June 2013, and I registered
> here on June 28, 2013 at about 11:11 am edt, to
> stop the impersonator from using my name. I post
> using my name, and I do not use fake names to
> attack anybody. I know, nobody cares. Just
> saying.)

Yep, we know.

So now we see what happens if you have property and the county wants it. If they want it, they take it for a lower price than what you could get, selling it on your own. How dare they decide HOW MUCH MY LAND IS WORTH?

well she should go to the zoning dept (both, there are two in fairfax no doubt for deniability / theft reasons)

she should look at the map and recent similar homes sales and inquire how they arrived at the "fair price"

-----------------------------
if they are $200,000 lying then prosecute them for grand larceny, by by, throw away the key

they can hagle over price

they cannot lie about assessed value

Dave Webster Wrote:
-------------------------------------------------------
> Fairfax County's Improper Land Grab
> http://vienna.patch.com/groups/dave-websters-blog/
> p/fairfax-countys-improper-land-grab_0c618503
>
> Myra Ashley has lived on Raglan Road in the Tysons
> Corner area all her life. Now she is being told
> she must move to make way for a massive
> redevelopment project called Spring Hill Station.
> That doesn’t bother her but not getting a fair
> price for her property does. A deal that the
> developer, the Georgelas Group, made with the
> Fairfax County government is hindering her from
> selling her property to the highest bidder.
>
>
> In order to gain zoning approval from Fairfax
> County for the Spring Hill Station development,
> the Georgelas Group agreed to a “proffer” to
> purchase 2.8 acres around the existing Raglan Road
> Park to make room for a sports field that the new
> Spring Hill Station residents can use. The catch
> is that if the Georgelas Group is not successful
> in negotiating with Ms. Ashley (and her cousin
> Dave Wallace who owns adjoining property), the
> proffer states the county can use eminent domain
> proceedings to take the land. If that happens,
> the Georgelas Group must reimburse Fairfax County
> for its condemnation payments. (See proffer
> attached.)
>
> With the threat of a county eminent domain
> proceeding in the background, the developer has
> little incentive to offer anything in excess of
> the assessed value ($460,000) and, in fact, that
> is exactly the offer that she received at first
> from the Georgelas Group according to a June 6,
> 2013 Fairfax Times article.
>
> http://www.fairfaxtimes.com/article/20130606/NEWS/
> 130609606/original-tysons-landowners-feel-pressure
> ...
>
> When she received a higher offer from a third
> party, $660,000, Fairfax County government
> officials interceded and verbally offered to have
> the Georgelas Group match the offer. So she put
> off the sale. When the written offer from the
> Georgelas Group came in it contained a number of
> deductions that Ms. Ashley hadn’t counted on so
> she was back to square one.
>
> Several questions arise concerning the actions of
> the Fairfax County government here.
>
> First, why on earth are Fairfax County government
> officials negotiating on behalf of a developer
> that could do so itself? Either the county
> should use its eminent domain rights or not.
> Fairfax County should not be in the position of
> being an officious intermeddler.
>
> Second, did the Fairfax County government ever
> consider that the enforcement of this proffer
> might violate the Property Rights Amendment to the
> Virginia State Constitution which the voters just
> passed in the November 2012 election and which
> became effective this year. (I have attached the
> actual ballot language.) For our purposes, the
> pertinent language is “a taking … of private
> property is not for public use if the primary use
> is for private gain, private benefit, private
> enterprise, increasing jobs, increasing tax
> revenue, or economic development.” (emphasis
> added). If Fairfax County had come in and taken
> Ms. Ashley’s property for a park, that would not
> present a problem. But this proffer is in the
> middle of a voluminous special exception
> application relating to the entire Sprint Hill
> Station development. The issue of taking the park
> land cannot be separated from the development as a
> whole. Hence, in my opinion, any attempt by
> Fairfax County to take Ms. Ashley’s land
> pursuant to the proffer violates the Virginia
> State Constitution.
>
> The easy way out here for Fairfax County is to
> just make a statement that it will not use eminent
> domain proceedings against Ms. Ashley’s
> property. The language in the proffer on eminent
> domain use by the county does not obligate the
> county to take the property. It is merely an
> option for the county.
>
> With Fairfax County out of the way, Ms. Ashley
> could negotiate without the price of her property
> being artificially limited to the assessed value,
> a value which is most certainly less than what she
> could get in a free and fair transaction. If the
> Georgelas Group does not buy the property, there
> would surely be other interested parties.
>
> Last, but not least, McLean’s original African
> American families were forced out one by one as
> the real estate values rose so high that many
> families could not afford the escalating real
> estate taxes. If you drive down Lewinsville Road
> in McLean you will pass by the Pleasant Grove
> Church which is a remnant of that once thriving
> community. It is unkind beyond measure to treat
> Ms. Ashley in this manner as her family has lived
> on the property since 1941. Is it too much to ask
> that she be allowed to profit a little from the
> increase in value of her property?
>
> To read the PDF files, go here...
>
> http://o.aolcdn.com/dims-shared/dims3/PATCH/format
> /jpg/quality/82/resize/458x295%5E/http://hss-prod.
> hss.aol.com/hss/storage/patch/8753a57bfb45d4cb84c2
> 1ddc7e90e865
>
> and here
> http://o.aolcdn.com/dims-shared/dims3/PATCH/format
> /jpg/quality/82/resize/458x295%5E/http://hss-prod.
> hss.aol.com/hss/storage/patch/f98dff7f25c462c30ed9
> 737019d7a0ef
>
> Property Owner Myra Ashley and her cousin Dave
> Wallace. Credit Shamus Ian Fatzinger. The Fairfax
> Times and Pleasant Grove Church. Lewinsville Road.
> McLean, VA.

This is very upsetting. I blame Bush for approving this law back when he was in office. Now local, state, and Federal government groups think they can railroad anyone. It's UnAmerican and another example of how this country is becoming more like Nazi Germany.

Her property should have had density transfer rights as part of the rezoning.

To determine fair value Wrote:
-------------------------------------------------------
> Her property should have had density transfer
> rights as part of the rezoning.

Well here's the question that needs to be asked: What if they don't want to sell? What if they want their property to be left alone?