Thursday, May 29, 2008
'Forever' in deed not concrete, attorney says
Property in Bedford County can be used for recreation, not just a poorhouse.

The Roanoke Times
When does forever not mean forever?
Take the case of an 1832 Bedford County property deed, as interpreted by County Attorney Carl Boggess.
Ruby Dooley, a resident agitated over a current plan for part of the county-owned property on Falling Creek Road, snagged the attention of Boggess and the board of supervisors earlier this month when she presented the nearly 2-century-old deed. It states that the property was conveyed to the county at that time "to erect a poorhouse and work house forever." The potential snag raised by Dooley caused the board to delay action earlier this month on a parks and recreation master plan that related to the property.
But based on Boggess' written interpretation this week, the county can proceed. He ruled that the word forever in the old deed "basically meant a complete title was being conveyed" and the word does not reflect the property's perpetual use.
The 228-acre site on Falling Creek Road is the second largest tract of county-owned property. It is home to Falling Creek Park, the sheriff's department, a group home, a nursing home and the public service authority -- all of which are ventures funded and operated by the county.
The county's old nursing home building, which has been vacant since the new facility opened, is adjacent to the park. Part of the park, too, will be the location of a planned skateboard park -- an idea Dooley isn't too fond of.
Dooley, who has been vocal about her opposition to spending county money for parks and recreation, does not want the land to be developed -- something she says detracts from its intended use.
"They don't need to take the land around the county nursing home that was left for the poor or needy," she said. "The main thing I am after is they preserve the acreage around it, not turn it into skateboard parks and ball diamonds."
Montvale District Supervisor Annie Pollard and Stewartsville District Supervisor Dale Wheeler said Wednesday they are satisfied with Boggess' interpretation of the deed.
"Whether it is a park or whatever it may be, it is for the public's use, for the public good," Wheeler said. "You don't have a real way to go back to having a poorhouse for vagrants and vagabonds."





