To File Ballardini Ranch Condemnation Complaint Today

Reno, Nevada. Aug. 27, 2004. Washoe County is filing a condemnation complaint today in the 2nd Judicial District Court. This will set in motion the process to determine a price for the Ballardini Ranch in the County’s effort to acquire the 1,019-acre property for fair market value in the pristine mountains above the Truckee Meadows.

The County Commission gave direction at their July 27th meeting for staff to try to negotiate a purchase price with the property owner in the next 30 days. They also directed staff to begin the condemnation process if no agreement could be reached after 30 days. County representatives met with Evans Creek, LLC representatives on August 3rd and the County’s offer to purchase the property was rejected without a counteroffer.

With the County’s filing of the condemnation complaint today, the process begins to have the District Court determine the monetary value of the property. According to Washoe County’s Assistant District Attorney Madelyn Shipman, “one of the purposes of filing a condemnation complaint is to establish a valuation date for the property – to set a fixed point in time for establishing value based on all relevant considerations at the time of filing.”

An independent licensed appraiser, experienced in valuing such properties, has appraised the property at approximately $19 million. Evans Creek, LLC., a Minnesota development company, purchased the land in 1998 for $8.5 million. The developer contends the value is somewhere between $100 million and $700 million, but has not produced an appraisal as yet to support those values.

Commissioners, at their meeting last month, commented that there was broad-based support in the community to acquire the property for public use and the public benefit, as required by State and Federal law. The U.S. and Nevada Constitution also require that just compensation be paid for property condemned by a governmental agency for a public purpose.

Community support for protecting open space, wildlife and recreational opportunities has been consistently demonstrated, most recently in the County’s 2000 voter-approved bond, $4 million of which was earmarked for acquisition of the Ballardini Ranch, and a 2002 statewide bond for open space acquisition. Statistically valid citizen surveys conducted by an independent market research firm consistently shows that citizens value their natural resources and want them preserved.

“This is one of the few remaining open space areas that also provides access to the Sierra Nevada in this region,” Karen Mullen, Washoe County Parks and Recreation Department Director said. “It is a piece of land that the community strongly supported for acquisition in the November 2000 election. The County is fulfilling that voter mandate by continuing in our efforts to provide open space, protect wildlife and continued public access through purchase of this parcel.”

Local eminent domain attorney Mike Chapman, representing Washoe County, said county staff and he had met with Evans Creek officials on August 3 and presented them with a copy of the Ballardini property appraisal of $19 million determined by an independent licensed appraiser. About 300 people crowded the standing room only Washoe County Commission Chambers at their meeting last month to ask the commission to pursue the purchase option.

The County has attempted to purchase the land since 2000, using voter-approved bond monies and monies from a federal sensitive-land purchase program in southern Nevada. The money for the acquisition was approved in 2002 for the U.S. Forest Service acquisition process. The approval was withdrawn when Evans Creek indicated they were no longer a willing seller.

There is still $4 million available from the 2000 Parks, Trails and Open Space Bond issue approved by the voters for purchase of a portion of the Ballardini Ranch, plus interest. “We anticipate that additional federal and other resources will be available to purchase the property based on the recently completed appraisal,” Mullen said.

In addition, the Commission received a joint letter from United States Senator Harry Reid and Congressman Jim Gibbons supporting the “grassroots effort to acquire for public use as open space and wildlife habitat the 1,019-acre Ballardini Ranch.” The letter suggested other possible sources of funding for the project and commitments from Reid and Gibbons for assistance in obtaining possible federal funding.