"The bigger issue: The foundation, its attorney said, doesn't want to sell and thinks the state has no right to the property.
Bethesda lawyer Robert Park said the foundation wants to keep the property along Schaeffer Road, west of the South Germantown Recreational Park, as one of its many real estate investments. The state's powers of eminent domain, which allow it to seize private land for public use, he said, don't extend to taking property to mitigate a highway's environmental harm.
"They don't want to sell the property," Park said of Betty B. Casey and other trustees. "The state doesn't have the right to take this property."
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