A group of Ellicott City residents are crying foul that the county is considering condemning a parcel of their open space in order for a private developer to build six homes.

At least one County Council member agrees that the proposal is troublesome and said she won't support it.

At issue is an item in County Executive Kenneth Ulman's proposed capital budget to allow the county to spend $40,000 to acquire a sewer easement through a quarter-acre of wooded open space owned by the Spring Ridge Homeowner's Association.

The proposed sewer line would run through a portion of the association's land in order to serve an adjacent four-acre property on Rosemar Drive. A developer who hopes to buy the 4-acre site from its current owner and build the six single-family houses on it would reimburse the county for the cost of acquiring the easement, the budget states.

The $40,000 budget item is subject to a vote by the County Council later this month.

Monica Machovec, president of the Spring Ridge Homeowner's Association, said she feels that she and her neighbors in the 23-house Spring Ridge development are being "strong-armed" by the threat of condemnation and that the developer has not made enough of an effort to negotiate with them over the use of their land.

"It's pretty alarming," Machovec said. "What's our alternative? If we don't enter into negotiations, this land is going to be condemned. We're being forced."

Machovec, whose community was built in 1998, said the county needs to better protect dedicated open space.

"It's our own little backyard environment here," she said. "The county needs a strategy to protect little green spaces in our neighborhoods. The last thing we want is for it to get mowed down."

Meanwhile, Georgia and Paul Miller, the couple that owns the land on which the proposed homes would be built, said they are eager to sell their house and their land -- where Georgia Miller has lived for more than 40 years -- in order to move to a retirement community.

The provision of sewer service to the parcel is within their right since the parcel lies inside the county's metropolitan service area, and it's a key factor in their ability to sell the land to a developer, Miller said.

The couple declined further comment.

Negotiation attempts failed

The Millers hope to sell their land to Ron Carter, a developer with High Ridge who has won tentative preliminary approval from the county to build six houses on the land.

Carter said he is waiting on assurance that the parcel will have sewer service in order to finalize his plans to buy the land.

To that end, Carter said he has attempted since last summer to negotiate with members of the Spring Ridge association to run a sewer line through their open space, but has been unsuccessful.

Machovec declined to discuss the offers and counteroffers that were exchanged between her association and Carter.

But Carter said he initially offered the association $10,000 and agreed to plant elsewhere on the property two trees to replace each one that would be cut down for the sewer line. The association rejected his offer and later sent him a counter-offer requesting the replanting and $30,000, Carter said.

Carter said he has yet to respond to the association's request because he is in the process of recalculating his construction costs in light of an ongoing downturn in the real estate market.

In the meantime, the Millers approached the county's Board of Public Works in January to request the county provide the sewer service, said Don Lieu, the chief of the Department of Public Works' utility design division.

Lieu said the Spring Ridge open space was the most logical spot for the easement, which would consist of a 20-foot wide area maintained by the county.

"It's surrounded by lots with homes," he said. "Looking at all the options, it seemed like the only one that wouldn't adversely impact a lot with a home on it."

Lieu said he hopes the parties can reach an agreement without condemnation proceedings.

"What we're hoping for is that something can be worked out between the homeowner's association and the developer," he said. "We really do not wish to get involved."

Watson against project

Courtney Watson, who represents the area on the County Council -- the body charged with approving or rejecting funding for the sewer line project -- said she opposes the county's use of eminent domain in this situation.

"I think the threat of condemnation is putting tremendous stress and inappropriate stress on these residents. I don't think you throw that around lightly," Watson said. "It belongs in the private sector. The county has no business being involved."

Watson said the project appears to be serving the interest of a developer, and that she plans to introduce an amendment to the capital budget to deny funding for the project.

The council is slated to vote on the fiscal 2009 capital budget May 22. Fiscal year 2009 begins July 1.

"It doesn't set right with me," Watson said of the project at an April 22 council work session. "I'm not sure the developer has done his job. Why are we doing his dirty work?"

E-mail Jennifer Broadwater at jbroadwater@patuxent.com.

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