James City County’s Board of Supervisors approved a $1.3 million conservation easement purchase Tuesday night, though supervisors disagreed over whether the expenditure was a good idea.
David and Stephanie Allen, owners of 158 acres at 2001 Bush Neck Road, agreed to sell the development rights to the property for $1.3 million through the county’s Purchase of Development Rights (PDR) program. The voluntary program pays landowners to protect the cultural and natural resources of a property while still allowing owners to use the land (read more about the county’s PDR program on the county website).
Supervisors Jim Kennedy and Mary Jones voted against the measure, citing no likely danger of much development happening on the property, as well as the high cost. Three Board members in favor of the purchase said they felt there was significant development opportunity on the land that would be halted by the easement, and that this was the intent of the county’s PDR fund.
The county had about $1.9 million in funds already set aside for the PDR program; this purchase will take the balance down to just over $600,000. The county also has roughly $3.9 million in greenspace funds set aside, and about $14 million that it could borrow for future greenspace purchases thanks to a referendum vote in 2005.
Kennedy said Tuesday he felt the property is not in danger of imminent development, and likely will not be in the future. He also noted the high cost of the purchase; it will be the highest one-time purchase in the history of the PDR program since it started in 2001.
Jones agreed, saying, “I don’t think the future development potential is dire,” adding that 36 percent of county land was currently under some kind of protection already.
Jones also noted some negative national economic indicators that could also mean more economic woes for the county, which is a reason she felt the county should not spend such a large amount of money at the moment.
Supervisor Wilford Kale said he felt the Bush Neck Road property “is an area that… could offer significant development opportunity,” which is why he supported the easement purchase. He also pointed out it could encourage other nearby landowners to use the PDR program.
Jones said the property could have up to nine units built on it by right (without Board approval), and with the proper application approvals it could be subdivided into 20 to 30 units.
Supervisor Jim Icenhour said if Board members did not like the current PDR program, they should examine it again, but noted that the creation of the program had a lot of public support and had been open for comment and discussion at the time. He supported the easement purchase.
Kennedy said the Board did have a recent work session to share its thoughts on greenspace and PDR. He said he supported the program, just not this particular purchase, and that it was part of Board members’ roles in the PDR process to make a judgment on each case.
Board Chair John McGlennon agreed with Kennedy that Board members did get to use their own judgment based on each case; he said that in his case, he supported the easement purchase to protect the land from future development. He pointed out that the funds were already set aside for the program, and that limiting development would save the county money by limiting the need to provide future services.
Williamsburg Land Conservancy Executive Director Caren Schumacher addressed the Board to share the nonprofit’s support of the purchase. She said she had worked with the property owners on the issue over a year ago, and that she was “extremely pleased” to see the item on the Board’s agenda. She said the PDR program is “an important conservation tool” for the county.
The Board voted 3-2 to approve the easement, with Jones and Kennedy dissenting.

