Brothers settle land dispute in Purcellville Wednesday, Jun. 29 by Crystal Owens | 10 comments | Email this story 3ShareA Purcellville couple engulfed in a long-standing battle to save their farm from new road construction recently settled one of several
Brothers settle land dispute in Purcellville
Wednesday, Jun. 29 by Crystal Owens
http://www.loudountimes.com/index.php/news/article/brothers_settle_land_dispute_in_purcellville898/
A Purcellville couple engulfed in a long-standing battle to save their farm from new road construction recently settled one of several outstanding disputes.
Sam and Uta Brown, owners of Crooked Run Orchard, a pick-your-own business just off East Main Street in Purcellville, now own all 100 acres of the property, resolving a recent partition lawsuit in Loudoun County Circuit Court.
The couple purchased 61 acres of the property from Sam Brown’s brother, Tim Brown. The brothers jointly owned the parcels of land.
Loudoun County Judge James H. Chamblin had scheduled a public auction to be held for the disputed property for earlier this month, but later gave the brothers time to negotiate a settlement.
However, the resolution between the brothers does little to stop the final construction of the Southern Collector Road – almost two miles of road that would route traffic off Route 7 and Maple Avenue in Purcellville – that would clip 7 acres of the Brown’s farm.
About 2.24 acres of that 7 acres, of which Tim Brown once owned 98.5 percent, was condemned by the Town of Purcellville in January 2010 to build a quarter-mile of the road. Sam and Uta Brown fought the condemnation in court, but a judge ultimately said the town had the right to acquire the property.
The Browns have appealed the decision to the Supreme Court of Virginia.
“It has been incredibly difficult for them to spend [tens] of thousands of dollars in attorney fees to defend their home and business, especially since they were trying to put funds together to buy out Sam’s brother,” said Kelli Grim, a spokeswoman for the couple.
The farm has been in the Brown family for more than 250 years since Sam Brown’s ancestor, Mahlon Kirkbride purchased it from Lord Fairfax in 1741, according to Grim.
Plans for the Southern Collector Road have been on the books for more than 30 years, according to Purcellville Mayor Bob Lazaro.
Engineering work on the last portion of the road is scheduled for this fall and town officials will begin taking bids from construction companies next spring, Lazaro said.
The town paid the Browns more than $400,000 for the condemned property, the mayor said, which was placed in an escrow account.
Town officials hope to have the entire road completed by 2013, Lazaro said.
The state Department of Transportation recently awarded the Town of Purcellville a $2.8 million matching grant to go toward construction of the road.
Studies over the last 10 years show that the Southern Collector Road would host 13,700 to 15,000 vehicle trips per day, according to a town website dedicated to the road.
For years, traffic from six schools, Patrick Henry College and a growing town economy has stalled drivers in the morning and late afternoon through Main Street, Lazaro said.
The Southern Collector Road would solve some of the town’s traffic woes, he said.
“It’s needed and it’s just one part of a multifaceted solution. No one thing solves Purcellville’s transportation challenges. There’s some folks who want us to do nothing or let someone else do it and that’s not realistic,” Lazaro said.
Despite the continued work on the Southern Collector Road, the Browns said they are determined to fight for their property.
The road, once completed, will run less than 20 feet from the Browns’ century old home, Grim said.
The town, she said, is already preparing to fence off 7 acres of the property it condemned from the Browns, which will destroy nearly 100 mature fruit trees and cut off their access road to the back 45 acres of their farm.
“The Browns are determined to continue their efforts to ‘preserve and protect’ their unique historic property which does not have any asphalt or concrete on it,” Grim said.