WORCESTER COUNTY, MD– Worcester County Commissioners have announced plans to use eminent domain to prevent US Wind from purchasing two seafood wholesale properties in West Ocean City’s commercial maritime harbor.
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UPDATE: A legal storm may be brewing over local efforts to stop offshore wind. US Wind now threatens to take legal action if the county doesn't back off.
"We received a letter, end of December, basically threatening litigation, hoping we'd reverse course over the eminent domain resolution that was passed at our previous meeting," said Worcester County Chief Administrative Officer Weston Young.
For a quick refresher, Martin's Fish Company and Southern Connection, the two fish houses in West Ocean City Harbor, are at the center of this.
Dave Wilson, with US Wind, told WBOC that the offshore wind company wants to buy that land to build its operations and maintenance facility. The O&M facility would service the turbines US Wind hopes to build off Ocean City's coast.
"We're not doing any dredging, we have a building, just an office building and two sheds, right, so there's no industrializing of the harbor," said Wilson.
Young said Worcester County officials aren't buying that.
"The properties we're considering for eminent domain are the fish houses that service our commercial fishing fleet," said Young. "They're critical for commercial fishing and it's unfair that one industry can threaten to completely wipe out another."
Wilson, however, said US Wind views the county's attempt to use eminent domain as unfair, given its potential impact on local taxpayers.
"You know in our mindit's another example of government overreach, potentially spending millions of taxpayer dollars for something that is a private matter with a private business," said Wilson.
In the letter sent to Worcester County leaders, an attorney for US Wind stated "US Wind intends to litigate to the fullest extent" and "you are asked to immediately reverse course, as your actions constitute a direct affront to individual civil liberties, and the laws of the United States and the State of Maryland."
"We take their threat of litigation seriously but we also think it's an intimidation tactic," said Young. "We can't comment on the lawsuit or potential lawsuit but, you know, the county still feels what we're doing is correct."
In addition to the litigation threat, US Wind has filed Public Information Act requests to Ocean City and Worcester County. US Wind is requesting all government communications, such as emails and texts, related to offshore wind.
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The move comes as US Wind’s parent company, Renexia SpA, looked to demolish the harbor’s only commercial seafood wholesalers, Southern Connection Seafood and the Martin Fish Company, according to the Commission's resolution.
Commissioners cited several reasons for taking action, including the commercial fishing industry’s impact on the regional economy and federal fishery catch quotas which require unloading in a Maryland port.
"US Wind is proposing to take the two fish houses, practically crippling the commercial fishing industry," said Young. "There's no plan B right now, there's no plan B, there's no property identified to build another fish house, even if there was you're going from two to one, now there's a monopoly on that."
When reached for comment on Tuesday, US Wind's Vice President of External Affairs Nancy Sopko provided us with a statement, part of which addressed Worcester County's claim that the company has no backup plans for commercial fisherman.
"US Wind, the state of Maryland, local fishermen, and other key stakeholders are working on a Memorandum of Understanding to establish and fund programs to mitigate and lessen impacts. We also plan to replace existing offloading and ice services without disruption," said Sopko.
In November, Maryland approved US Wind's tidal wetlands license application to reconstruct a pier for an Operation and Maintenance Facility in the harbor.
Officials say long-term leases with the seafood houses’ existing owners will allow them to continue serving the needs of the industry.
“If there ever was a worthy use of eminent domain, this is it,” said Young. “There is support for the actions being taken today by the Worcester County Commissioners, the Ocean City Mayor and Council, and area stakeholders, as well as an overwhelming majority of residents, businesses, and property owners, who are against US Wind destroying our commercial harbor and the resort’s viewshed.”
Before the county goes down the eminent domain road, it has to find out if the owners of both properties are willing to sell to the county and it has to find out how much the land is worth. Worcester officials will be up against stiff competition, too.
"We've been told what US Wind has offered is many times what the appraised value is," said Young.
US Wind declined to disclose its offer to WBOC, but Sopko did voice displeasure with Worcester County's recent move.
"Worcester County's latest efforts would block much needed upgrades to the West Ocean City Harbor and the economic benefits that would flow from building a new facility in the area," said Sopko.
Sopko also addressed any potential litigation, telling us the company is prepared to "explore every legal option at our disposal should the County continue these misguided efforts."
Young, however, does not believe the county is the one with misguided efforts.
"There's other properties in the harbor, they could buy the Orsted property, they could buy Pier 23 which is no longer operational," said Young. "There's other properties, don't take the fish houses, they're threatening the entire commercial fishing industry, bring it."
This is a developing story. It will be updated as more information becomes available.
