Ridgefield is at a crossroads. The fate of the Bennett's Pond property, which consists of a square mile of environmentally sensitive woodlands, wetlands and pond located in northeastern Ridgefield, is threatened by Eureka V LLC -- a partnership of New York and New Jersey developers. Eureka purchased the land from IBM for a fair-market price of $8 million in February of 1998, shortly after the Ridgefield town government failed, for reasons which remain unclear, to acquire the parcel for $12 million.

A vision for the property?

Some well-intentioned town officials see the future of the property in a tasteful corporate headquarters, hidden in the middle of the forest. It is an attractive vision, perhaps, but one that is out of touch with the realities of today's economy. Developers, who make their living by being in touch with the market, know that companies are merging , downsizing and outsourcing. They are not lining up to build corporate palaces deep in the Connecticut woods.

One need look no further than Eureka's application to the Planning & Zoning Commission earlier this year to know that there is virtually no market for corporate development on the Bennett's Pond site. If corporate use would prove lucrative, why then did Eureka propose a change from the current corporate zoning to a "mixed use" development? This change, if granted, would have allowed the property to be filled with hundreds of condominiums, a hotel-conference center, small office buildings on 10-acre lots, clustered single family homes and a private golf course.

Wisely, the Planning and Zoning Commission voted unanimously to deny Eureka's zone-change petition. P&Z did the job they were elected to do: maintain the character of Ridgefield, consistent with existing regulations and the rights of landowners.

A war in the courts

In the months since, Eureka has filed an appeal in Danbury Superior Court, firing the first shot in what will inevitably become a barrage of appeals and lawsuits. Eureka also engaged the services of noted affordable-housing attorney Timothy Hollister, hinting at their future strategy. Most menacingly, they have submitted an application for wetlands crossings that would allow the Bennett's Pond property to be cleaved with a network of roads, thereby undermining the parcel's value as open space.

Thus far, the Town is on firm legal ground. But you needn't have lived in town long to already have witnessed the likely ending to the story. As years pass and legal bills soar, lawsuits are filed and affordable housing statutes are invoked. In the end, Ridgefielders end up either passively accepting an unpalatable change in the character of their town, or purchasing a parcel of property for more than it's worth in to avoid ever-more costly litigation and unwanted high-density development.

A better solution

But there is another answer. It's called eminent domain -- a term that sounds radical and even un-American. It's not. It's the right the State of Connecticut gives its towns to buy needed land for many purposes, most notably open-space preservation. In coming weeks, we'll show how towns in Connecticut and other states have used eminent domain to maintain their character, consistent with a landowner's right to profit from his property. We'll explore the legal, fiscal and environmental aspects of an eminent domain action. Then we'll leave it to the voters of Ridgefield to choose a future for their town.

The Ridgefield Open Space Association is a non-profit, grassroots organization dedicated to the preservation of the Bennett's Pond property and open space throughout Ridgefield. For ROSA information, contact: P.O. Box 492, Ridgefield; email: ROSA@mags.net; phone: 431-6662; web site: www.rosaopenspace.org.