http://saportareport.com/blog/2013/06/atlanta-beltline-city-to-condemn-property-for-first-time-to-develop-park-trail/#sthash.CKTgnYu5.dpuf
Atlanta is preparing to condemn private property to further
the development of the Atlanta BeltLine. The 4.5 mile Southwest BeltLine Connector Trail is to link
the existing Lionel Hampton Trail and Westwood Avenue, passing Beecher
Elementary School. Credit: Atlanta BeltLine. Although just a few acres are involved, this marks the first
time Atlanta has exercised its power of eminent domain to develop a park or
trail related to the BeltLine.
Condemned land will be used to expand Enota Place Park, in
southwest Atlanta, which was one of the original 13 jewels in the “emerald
necklace” vision of the BeltLine that was used to promote the concept in its
formative days. The Southwest BeltLine Connector Trail will be built atop some
condemned properties.
In all, 12 parcels are to be condemned – five along
the Southwest BeltLine Connector Trail, and seven next to Enota Park.
In each case, the city named a public purpose to justify its proposed taking.
The city is resorting to condemnation in order to provide
additional greenspace in an area of the city that various studies have shown to
be in need of additional greenspace. Atlanta intends to pay fair market value
for the land, with the price established through the legal process, according
to papers associated with the proposals.
One issue that makes this process notable is the use of
condemnation of private property to achieve the public purpose of developing
the BeltLine.
Georgia voters were so concerned about the issue of eminent
domain that in 2006 they voted overwhelmningly to restrict government’s use of
eminent domain. The ballot measure came on the heels of a 2005 ruling by
the U.S. Supreme Court that determined condemnation was acceptable to
promote redevelopment. Twelve states voted on similar legislation that year.
The area marked “1″ is the portion of the Atlanta BeltLine
that’s to benefit from the proposed condemnation of land by Atlanta. Credit:
Atlanta BeltLine
Atlanta has defined the BeltLine as a redevelopment project
intended to eradicate blight. This stated purpose, to reduce blight, is part of
the reason a portion of property taxes collected along the BeltLine can be used
to build its parks and trails and other amenities.
According to legislation submitted by Mayor Kasim Reed’s
administration to the Atlanta City Council, the land to be condemned for the
trail is being taken for what is described as: “A public transportation
purpose.”
City procurement officials tried, but failed, to acquire the
parcels through “good faith” efforts, according to the legislation. The
problems boiled down to: “Numerous issues including liens and other clouds on
title.” Georgia’s condemnation law includes title issues as an allowed use of
eminent domain.
In the case of the land needed to expand Enota Park, the
city and property owners evidently could not come to terms on the price. The
legislation states: “The city engaged in good faith negotiations with the
owner of the property to acquire the property based upon a certified appraisal
of the property … Condemnation … is necessary to complete the expansion of
Enota Place Park.”
The public purpose of the condemnation is explained as:
“Necessary for the expansion of Enota Place Park boundaries, which parcels will
be possessed, occupied and used by the general public.” Condemnation laws have
long held “public use” as an acceptable purpose.
The timeline provided by the Reed administration calls for
the proposal to be discussed Tuesday at the Atlanta City Council’s Community
Development Committee. The committee could vote as early as July 9, which would
enable the full council to vote on July 15.
Source: Posted in Saporta Report by David Pendered June
24, 2013
http://saportareport.com/blog/2013/06/atlanta-beltline-city-to-condemn-property-for-first-time-to-develop-park-trail/#sthash.CKTgnYu5.dpuf
Comments:
This is not a “transportation” purpose. Agenda 21 implementation has blurred the
separation of transportation with parks and recreation, a much less compelling
reason for property seizure than building an interstate highway. We need to
revisit State Law in January 2014 to prevent the kind of property rights
violations going on in San Francisco CA Bay area. A law suit is in order. Check to see if “trails” are planned for your
city or county.
Norb Leahy, Dunwoody GA Tea Party Leader
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