BALTIMORE COUNTY was trying to do a good thing when it sought to buy Lawrence Gerst's farm for a park in Perry Hall, in the heart of the planned, 4,000-home Honeygo community. With a shortage of regional recreational facilities and demand certain to grow, county officials are worried about buying parkland before development drives up land prices.
They sought the Gerst property, ideal from the standpoint of topography and location, but Mr. Gerst wasn't willing to sell -- at any price. At that point, the County Council prepared to start condemnation proceedings.
Those plans are dead, after Mr. Gerst's situation generated more outrage than anything Councilman Vincent J. Gardina said he has experienced. The Gerst farm may someday be covered by homes, at which point residents may wish the county had pressed on with its park plans. Today, however, people view the dispute as an example of government usurping private property rights.
County Executive C. A. Dutch Ruppersberger now is looking for parkland elsewhere. Although he may not find another site as good as Gerst's, the county was right to retreat from zTC condemnation. The power to condemn property should be used as a last resort.
We imagine most people view ball fields and picnic areas as important, but not crucial in the same sense as, say, a road, where condemnation powers are frequently used. Planners may have limited options in designing a road that extends from points A to B, but recreation planning offers more choices.
While it certainly would have enhanced Honeygo, a park on the Gerst farm was conceived primarily as an answer to broader, regional needs. With other property owners in the area willing to sell, the county lacked the moral standing to condemn Mr. Gerst's land.
Baltimore County officials are in a bind. There isn't enough parkland and open space. People want more. Meanwhile, many landowners are being offered development contracts worth two
and three times appraised values, then using those as leverage with the county. The county either must pay prices higher than market value, which some construe as fiscally irresponsible, or pursue condemnation, which some view as oppressive. Taxpayers who want parks need to know that government sometimes must take strong action to get them.
Pub Date: 2/11/98
