Toano, VA 23168
San Pablo, CA 94806
James City County is considering purchasing land on Church Lane, which is necessary to construct a new Fire Station 1 in Toano, but a dispute over whether the county owns an adjacent former railbed they intend to use for the new station’s parking could mean it will end up costing the county more in the short term for land acquisition.
The property the county hopes to buy for the station is located at 7849 Church Ln., adjacent to the existing fire station. It’s owned by Charles and Susan Crawford, who may have settled on a price of $370,000 –according to a resolution posted to the Board of Supervisors agenda– for the 3.74-acre parcel and their home, a 3-bedroom house built in the late 1880s. An old Chesapeake and Ohio railway railbed runs between the Crawfords’ property and the old fire station and county officials say it’s a necessary piece for constructing the new fire station.
The county’s records indicate the land is theirs, while the Crawfords’ deed also seems to lay claim to the property.
In the late 1800s, C&O acquired the right of way for the railroad. When the railroad was shut down, the railbed property was given to Toano High School, which existed then on the current fire station property. When the school closed, the land became James City County’s surplus property and was then used to operate the fire station, said County Attorney Leo Rogers.
The county has a deed showing it owns the railbed, and when title insurance was acquired, the title company also indicated the county’s ownership. When the railbed property was being marked for initial surveying related to the new fire station in the past few months, two adjacent land owners, including the Crawfords, came forward saying they owned the railbed property. Rogers said the railbed was not included in the other property owner’s deed, but the Crawfords’ deed indicated they might own the railbed.
Some of “the best legal minds,” including Powhatan Supervisor Andy Bradshaw, an attorney specializing in real estate and elder law, looked at the issue and could not determine whether the Crawfords or the county owned the railbed, Rogers said.
The plan to build the new fire station, which is primarily operated by the James-City Bruton Volunteer Fire Department as well as a few support staff from the James City County Fire Department, includes it being built behind the existing station. Taking this route allows the existing station to remain in use while the new station is being built. When the new station is completed, the old one would be torn down.
“A big part of the design of the station is the site itself and we really need a clear-cut property line,” said James City County Fire Chief Tal Luton.
The railbed is located in what is planned parking for the new fire station. The site plan can’t be completed until the property dispute is settled.
If the railbed isn’t acquired by the county, the fire staff could be moved temporarily during the new station’s construction, which would cost the county a great deal of money, or the county could fight the railbed ownership in court, which Rogers said could take years.
“This is the best way to resolve a 150-year issue,” said Rogers, referring to purchasing the disputed railbed property from the Crawfords.
County Administrator Robert Middaugh hopes the board will discuss the purchase at its next meeting, which is scheduled for May 14. The board has not yet voted to purchase the land.
If the county decides to purchase the land, it would be subdivided so the county can have the piece needed for the fire station. The remaining property and house would likely be leased to the Crawfords at a fair market value price, Rogers said. He would not disclose the amount discussed for the lease.
The resolution posted to the board’s April 23 meeting agenda indicated the Crawfords would be allowed to remain on the property rent-free for two years; Rogers said this was not accurate.
After the Crawfords’ county-negotiated lease term ends, the county would sell the property to recoup as much money from the original purchase as possible.
Luton said he expects the new fire station project to be sent out for bids sometime in the fall. In August 2012, the board voted to allocate $425,000 toward design services from Guernsey-Tingle Architects and in the fiscal year 2013 budget, $6.3 million was allocated toward replacing the fire station.
