ICC: do we hire a lawyer?

All:

I have received a number of questions regarding the latest ICC update. I'm not sure if I can answer them satisfactorily, but I will try.

First, to sum up: The HOA in May hired an appraiser, Hal Gearhart, to provide a report summarizing our case that we should receive additional monies (on the order of $1 million) to compensate for an expected drop in property value and quality of life once the road is constructed. A week and a half ago the state denied this counteroffer.

I have not yet gone back to the state with a second counteroffer and further arguments, which I intend to do shortly. However I have come to the opinion over the past couple of months, in speaking with many other neighbors who are subject to ICC takings, that we stand a better chance of getting more money if we hire a lawyer. I have not done this up until now because of cost; I was hoping that, armed with the Gearhart report, I myself could win the battle. I have since come to believe it's not as simple as that.

Last week I spoke with another community organizer who claims he knows lawyers who will take such a case on contingency - that is, they would represent us for no fee but take a substantial chunk (likely one-third) of any additional monies won from the state. A second option remains hiring a lawyer out of pocket; as mentioned back in May to many of you, this would cost roughly $300 an hour and there is no way of estimating how many hours would be required to do the job. Other communities who have hired lawyers have readily spend far in excess of $10,000 in arguing their cases. There is no way of estimating at this point in time how much it would cost us.

Our reserve savings balance is currently $16,700. We do have $102,000 coming from the state - this amount is currently held in our name by the county, and we have not withdrawn the money and placed it into our own account for fear that action might influence our negotiations for more money. (On further research I have come to think that that might not be the case, and I may recommend to the board that we go ahead and take the first $102,000, however.) So in short, we do have some money, but the question is how much of the $102,000 do we want to gamble on getting more?

The question before us now is whether we want to involve a lawyer. Based on discussions with community members in May, it was generally felt that we would initially spend a relatively small amount ($2,000) on an appraiser's report and see if that would get us what we need. I believe the answer to that question is no. The appraiser's report has been of some use and will continue to be of use in further negotiations, but it alone will not do it for us.

I would now like to know neighbors' opinions as to whether we should
1 - hire a lawyer on contingency, meaning no money out of pocket but a big chunk lost to commission if we win
2 - hire a lawyer out of pocket
3 - not hire a lawyer but continue to argue the case ourselves

Please let me know your thoughts by the evening of Tuesday, Oct. 23, if possible. Email to awitze@gmail.com is the best way. The board of directors has its regularly scheduled meeting this Wednesday, Oct. 24, at 6:30 pm at Steve Edgar's house (7518) if anyone would like to attend. There are other items on the agenda other than the ICC, but it will certainly be discussed so if anyone wants to come in person please do so.

Also note that the board of property review hearing, which had been scheduled for Oct. 18, has been rescheduled for an undetermined date in the future. This is the board hearing at which a judge and panel of citizens rules how much we should get from the state. I asked for an extension (the second time I have done so) so that we could discuss whether we wanted to involve a lawyer in our negotiations.

Also, if you know anyone who wants to be on this email list, please have them contact me directly and I can add them.

Thanks
Alex
awitze@gmail.com
301-466-7760

ICC: Meet MONDAY Oct. 15 please

Those interested should please come to my house (7519) on Monday, Oct. 15 at 8 pm to discuss the ICC. (Not Tuesday as previously advertised.) Over the weekend it has come to my attention that construction could begin on Tuesday in our neighborhood, and I think it best we meet Monday.

Thanks
Alex

ICC: response from the state

All:

Today I received the following note from Alvis Dickerson of the State Highway Administration. I will be arguing our case for more money at the board of property review on Oct. 18. If you have any input into the process, please contact me (awitze@gmail.com) by 7 pm on Wednesday Oct. 17. Thanks.


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Ms. Witze,

The counteroffer appraisal from Mr. Gearhart has been reviewed by the
State's Review Appraiser. His conclusion is that Mr. Gearhart failed to
appraise and give a value for the 3,246 s.f. actually being purchased by
the State; therefore, the State's believes Mr. Lamb's appraisal is fair
just compensation.

Just as a reminder, the Board of Property Review hearing will be held on
Thursday, October 18th at 10:00 a.m. The board members will meet at 9:00
a.m. at the property site.