Cape Cod Times: March 7, 2002 “Vineyard may ‘take’ Southern Woodlands,” by Dawn Aberg
The Land Bank of Martha’s Vineyard has offered Oak Bluffs selectmen 80 percent of the town’s costs should it decide to pursue an eminent domain action against what has become known as the “Southern Woodlands.”
Landowner Corey Kupersmith had planned the contentious 276-acre parcel as a golf club. But the Martha’s Vineyard Commission defeated his golf proposal last month for the second time in two years. Under an alternative plan, Kupersmith has proposed building 366 housing units under the state’s “anti-snob zoning” law, Chapter 40B. Town voters will consider the possibility of an eminent domain action in a special town meeting on March 26. The vote is simply the first step in the “takings” process. Should the action against the property ultimately succeed, neither of Kupersmith’s plans for the woodlands will see the light of day.
Land Bank executive director James Lengyel made the group’s offer in a March 6 letter, received yesterday in the selectmen’s office. Even if approved in Oak Bluffs, the land bank offer would require backing by the five other Vineyard towns in order to support a bond issue for the purchase. It is unclear how much such a purchase would cost the six towns. A successful eminent domain procedure allows the government to take private land for public use, upon payment of “just compensation.” What “just compensation” might be for 276 acres of conservation land on Martha’s Vineyard is not at all clear. Specific appraisals were not available last ngiht.
And, as acknowledge in Lengyle’s letter, it is ultimately the court that determines the land’s value in such a case. But in a purchase of 11.6 a conservation acres in Edgartown last fall, the land sold for approximately $130,000 per acre. A similar valuation translates into a $35 million price tag for the Southern Woodlands.
Oak Bluffs would be expected to recoup its 20 percent share from the town treasury or, as Lengyel wrote, from “other sources.”
According Lengyel, the Land Bank advocates public conservation of the property in its entirety. But, he said, the group would also support a partial conservation plan. Furthermore, should an eminent domain action proceed but be unsuccessful before the court, his letter states the organization would be willing to share in payment of any damages assessed against the town.
Dawn Aberg 