S'BRIDGE - Eminent Domain
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Hearing on Eminent Domain for Private Development
October 14, 2005 at 1:30pm in the Merle Manders Center
This is a joint Senate/House Study Committee of the Georgia General Assembly.
October 14, 2005 at 1:30pm in the Merle Manders Center
This is a joint Senate/House Study Committee of the Georgia General Assembly.
We must have a strong attendance at this hearing to show we will not tolerate this type of behavior. We are very fortunate that the committee decided to change location and bring it to our community, so we don’t want to let them down or make it look like we don’t care
Please spread the word and invite everyone - not just Stockbridge or Henry County citizens but everyone in Georgia.
Please spread the word and invite everyone - not just Stockbridge or Henry County citizens but everyone in Georgia.
President Pro-tiem of the Senate Eric Johnson is confirmed for the hearing. A member of he Governors legal team and his legislative liason will also be present. Sen. Don Balfour(Rules Chairman) has expressed increased displeasure with the Stockbridge situation.
Please Be There!!
posted by Larrys at 9:34 PM
11 Comments:
The following article from the Atlanta Journal-Constitution says it all in very clear language.
If you have a comment, please post under "Stockbridge: Tell It Like It Is" section
Legislators give property seizure laws high priority
BYLINE: SONJI JACOBS DATE: August 25, 2005 PUBLICATION: Atlanta Journal-Constitution, The (GA) EDITION: Metro; The Atlanta Journal-Constitution SECTION: Metro News PAGE: C1
Several state lawmakers vow that clearly defining Georgia's laws on when and how local governments can seize private property will be a top priority when the state Legislature reconvenes next year.
Sen. Mitch Seabaugh (R-Sharpsburg) led a town hall meeting Wednesday in Newnan to hear the concerns of his constituents on the recent Supreme Court decision allowing a city to take private property from homeowners for a private project.
"This eminent domain issue is a mess," said Sharon Denney, a Moreland resident who attended the meeting with his wife, Mary. "Property rights are among the foundation of our country. It's the most basic right we have. The Supreme Court's decision was a bad decision."
In Kelo v. New London, the court ruled that the city of New London, Ct., could force 15 homeowners to sell their homes on waterfront property to make way for office buildings, upscale housing, a marina and other facilities near a $300 million research center being built by pharmaceuticals giant Pfizer.
In response to the decision, several Georgia lawmakers say they are trying to craft legislation that would offer more protection to property owners. They say they expect to introduce bills and, possibly, a constitutional amendment to tighten up the state's use of eminent domain -- the government condemnation of property.
Seabaugh said the Supreme Court ruling showed Georgia lawmakers that they need to carefully review and address the state's eminent domain laws and how the procedure is used."That's the silver lining in this cloud," Seabaugh told a group of about 12 constituents and policy wonks who attended the meeting. "If we craft legislation, we want to do it right. We want to do it as clearly as possible and strike the right balance."
Shannon Goessling, executive director of the Southeastern Legal Foundation, said early Wednesday that state lawmakers should create legislation that more narrowly defines the types of "public purpose" for which government may seize property. Increasing tax revenue or fostering economic development should not be a basis for eminent domain, Goessling said. Traditionally, local governments use eminent domain to take private property for public projects such as roads, municipal buildings and schools."Kelo is an awful decision," Goessling said. "Right now, Grandma's house is at risk if she isn't in the best part of town and a corporate entity wants to build a plant there."
Keith Hatcher, senior political consultant with the Georgia Association of Realtors, said the organization is working with state lawmakers to tighten up the current state laws regarding the use of eminent domain. Hatcher said Georgia residents are just as vulnerable as Connecticut residents under the state constitution."
We want to make sure eminent domain is used as a last resort, not as a first option," Hatcher said at the town hall meeting.
Matthew Hicks, associate legislative director with the Association County Commissioners of Georgia, said the group has found some areas of Georgia's eminent domain law that could lead to possible abuses.
One example, Hicks said, is that downtown development authorities and housing authorities can exercise eminent domain authority once it is granted without any review or oversight by an elected body.
The debate over eminent domain proved to be one of the most volatile during the 2005 General Assembly.
State Sen. Dan Moody (R-Alpharetta) introduced a measure that would have allowed businesses to initiate infrastructure projects with government agencies with little opportunity for public input. The bill received considerable GOP support, but critics worried that it would encourage the use of eminent domain to acquire land for economic development projects. It eventually died in committee.
Then the state Senate adopted Senate Bill 86, which would prevent the use of eminent domain solely or primarily for economic development or to increase a government's tax base. The legislation passed the Senate and is in a House committee.
However, many legislators say their constituents are very concerned about the issue.
"Eminent domain has been the No. 1 issue I've heard about," said state Sen. Renee Unterman (R-Buford), who did not attend the meeting. "I've received letters, e-mails and phone calls. In Gwinnett County, folks want something done about it -- they want to protect their private property rights."
REPRESENTATIVE STEVE DAVIS
GEORGIA HOUSE OF REPRESENTATIVES
NEWS RELEASE
FOR IMMEDIATE RELEASE: CONTACT: Pam Lewis
October 10, 2005 (404) 656-0254 plewis@legis.state.ga.us
Eminent Domain Hearing moved to Stockbridge, Ga
There has many articles addressing the issue of Eminent Domain in Stockbridge over the past month. During the last Study committee hearing for the Senate and House they decided to move the October hearing to Stockbridge due to the controversial situation developing in this city. This issue that has evolved out of the Supreme Court decision on Kelo set very dangerous precedent and many Georgia leaders have vowed to protect the citizens from these actions. Senator Eric Johnson, President Pro-Tempore of the Georgia Senate, has already confirmed his attendance to this highly anticipated hearing.
I encourage everyone to attend this hearing of Friday October 14th at 1:30pm. It will be at the Merle Manders Conference Center located at 111 Davis Road in Stockbridge. I understand this is a difficult time of day and hope that many of you can find a way to attend. You can participate during public comment, submit written comments, or just listen to the discussion.
My position has not changed on this particular case in Stockbridge and I will continue to work on a solution using any and all legislative powers at my disposal to protect the citizens from abuse of power. The following are excerpts from my previous press release on eminent domain:
Dated August 29, 2005 from the office of Representative Steve Davis
On Thursday August 25, 2005 the City of Stockbridge condemned eight properties for an Urban Redevelopment Plan. After four years of planning and anticipation the City could not agree on prices for property with the owners. In the last week The Plan was changed to put more properties on public use areas so as to allow them to seize them by eminent domain, one of which was changed was the most adamantly opposed land owner. However three properties are still on private use areas of The Plan but were not spared condemnation.
"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is no force of law and public justice to protect it, anarchy and tyranny commence. Property must be secured or liberty cannot exist." John Adams.
A sentence from the Preamble to the U.S. Bill of Rights reads, “The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.” Article V of the Bill of Rights is not hard to understand, “No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The state of Georgia addressed this same issue in its Constitution as well. Article I, the Bill of Rights, SECTION I (RIGHTS OF PERSONS) reads “Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete.” “Paramount duty”, is this what the City of Stockbridge is doing?
During this years session Rep Bill Hembree (R-Douglasville) authored House Resolution 87 that not only would prohibit what the City of Stockbridge has done but also make it illegal to transfer condemnation power to government authorities, which Stockbridge has done as well. With the horrific decision of the Supreme Court of the United States we as state officials must act quickly to rein in these powers clearly being abused in Stockbridge.
The irony of the situation is that the City Hall of Stockbridge, were this vote was taken, nearly sits in the shadow of Patrick Henry High School across the street. Henry County was formed in 1821 from Creek Indian lands. Georgia's 50th county was named for Patrick Henry, whose powerful rhetoric helped push the Colonies into the Revolutionary War. Patrick Henry wrote on March 23, 1775 "Give me liberty or give me death!", and I encourage all of you to read his comments in its entirety, http://libertyonline.hypermall.com/henry-liberty.html
God Bless America,
Representative Steve Davis
District 109-Henry County
Georgia House of Representatives
Press Release
http://www.henrygop.org
The Henry County Republican Party adopts resolution to limit the use of eminent domain powers to public use only.
The resolution was forwarded to all elected officials who represent Henry County Citizens asking them to support limitations of eminent domain.
• McDonough, GA, July 8th, 2005: At the monthly meeting of the Henry County Republican Party a resolution was adopted.
The Resolution
Resolution from the Henry County Republican Party to the elected officials of Henry County in the State Senate, the State House of Representatives, the Henry County Board of Commissioners, the Mayors of the Henry County Municipalities and to the Governor of Georgia, adopted July 5th, 2005:
Whereas the recent U.S. Supreme Court ruling in the Kelo case gave eminent domain for private economic development purposes to local governments, the Henry County Republican Party believes the decision allowing governments to take property from an owner only to hand it over to another private party for private gain is wrong.
The Henry County Republican Party asks the Board of Commissioners, our State Representatives, our State Senators, the Mayors, and the Governor to oppose efforts by the State or Counties or Municipalities within the state of Georgia to use eminent domain for private development and support legislation and other efforts to ensure that the citizens of Henry County are safe from eminent domain for private development.
The Henry County Republican Party asks our elected officials to set in motion and adopt not only a pledge but enact local ordinance and law on the limitations of eminent domain to public use, i.e. roads, schools, hospitals, water and sewerage etcetera to insure the citizens of Henry County there will be no abuse of such powers.
Signed The Henry County Republican Party
List of Recipients: Governor Perdue Henry County Board of Commissioners: Jason Harper Chairman Warren Holder District 1 BJ Mathis District 2 Randy Stamey District 3 Gerry Adams District 4 Lee Holman District 5 Mayors: Lorene Lindsey Locust Grove Hugh Lewis Hampton RG Kelley Stockbridge Richard Craig McDonough Georgia House of Representatives: Steve Davis John Lunsford John Yates Howard Mosby Stan Watson Mike Barnes Georgia State Senators: John Douglas Terrell Starr Emanuel Jones For further information please contact Charles Mobley, Chairman of the Henry County Republican Party.
GEORGIA ASSOCIATION of REALTORS
Dear Citizens,
I am proud to announce the new Campaign released from GAR to help garner support for Eminent Domain legislation as well as increase public awareness. As a Realtor and member of the GAR, I was pleased to join the kickoff this morning at the Capitol for this new exciting Campaign. I will have available soon the yard signs and bumper stickers supporting this Campaign and hope that all of you will hear the new radio ads! Please visit the new website at www.protectGAprivateproperty.com and join in to help.
Please remember the Eminent Domain Study Committee hearing on Friday October 14th at 1:30pm. It will be at the Merle Manders Conference Center located at 111 Davis Road in Stockbridge. I understand this is a difficult time of day and hope that many of you can find a way to attend. You can participate during public comment, submit written comments, or just listen to the discussion.
God Bless,
Representative Steve Davis
District 109
Henry County
The following is a press release from the GAR:
Georgia Association of REALTORS® Launches Campaign to Push for Eminent Domain Legislation
10/12/2005
Atlanta, GA – October 12, 2005 – The Georgia Association of REALTORS today launched a campaign to re-establish private property rights for Georgians through legislative action. The campaign will create public awareness and promote the need to restore the spirit of eminent domain law that was compromised as a result of a controversial U.S. Supreme Court decision.
On June 23, 2005, the Supreme Court handed down a decision in the case of Kelo v. New London that undermines long-standing private property rights. The decision opens the door for eminent domain abuse at the local level. The Court’s decision does provide states with the ability to place additional controls on eminent domain use.
“The Kelo decision has drastically impacted the rights of private property ownership that Americans have held for centuries,” said Jan Baker, president of the Georgia Association of REALTORS. “We now face a situation where Georgians are subject to property seizure to support economic development. Essentially, cities can take private property and provide it to another private entity to create a higher tax base.”
Baker added, “There must be controls put back in place to ensure that property rights are protected. The Georgia Association of REALTORS is aggressively pursuing legislative action to correct this problem at the state level.”
The Association’s campaign incorporates several components designed to educate and gather support from the public to push for a legislative remedy. Most notably, the Association will mobilize its 36,000 members from across the state in a grassroots effort to ensure that legislators are made aware of the dire need to enact corrective legislation.
A specially-created website, www.protectGAprivateproperty.com, launches today in support of the campaign. There, the public can learn more about the issue, sign an e-petition in support of the campaign’s efforts and utilize tools to communicate directly with their elected representatives.
Also launching today is the first in a series of radio advertisements designed to increase awareness and promote support. These ads will run across the state to build awareness leading up to the General Assembly’s next session, and will be refined to include specific messaging about legislative actions during the session.
The Georgia Association of REALTORS®, The Voice for Real Estate in Georgia™, is the state association for more than 36,000 REALTORS®. REALTOR® is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of NAR.
"There is a great principle here that involves our Constitution, (ever read it?) our way of life and trust in government. Some fools just cannot see it. (as some fools refuse the truth)"
Some see things are the are and ask,. "Why?" I see things as they should be and ask, "Why not?" Refusal to see the truth that money is a great force of corruption seems to be upon the backs of those who cannot see the value of another man's property. Personal property does not belong to the City of Stockbridge, although they can get it byb holding the proverbial gun to the owner's heads.... like Don Vito, making an offer they cannot refuse. I suppose you would gladly roll over and give Ted and the Lap Dogs your house or business just to "beautify the slum."
Until you are ready to walk a mile in their shoes, please do not preach about the wonderful benefits associated with government seizure of property. And the Constitution you claim to know -- look at the Georgia Constitution. Did you know the first priority is protection of "the person and property" of Georgians?
We see our county commissioners approve zoning changes that tangibly remove value from one (existing homeowner) and give that value to another (usually a developer). That is a backdoor application of eminent domain that proves no respect for Henry's citizens, taxpayers or our ordinances. At least they are not literally taking the roof off our heads. Not so with Stockbridge. NEITHER uphold the oath of office swearing to uphold the Constitution and laws of the state of Georgia.
It's tar and feather time.
Eminent Domain Hearing moved to Stockbridge, GA
WOW! You shoulda been there. Teddy spoke first and with his "in your face" style told the senators and the entire Henry delegation to mind their own business. Also, a representative from the Georgia Municipal Assoc. spoke in favor of allowing cities to steal citizen's property.
Then a long, long list of people spoke about the Constitution, laws, integrity, honor, the role of government...
It was apparent the "call to arms" was heard across Georgia. This issue, and the legislative response of the general assembly, will have statewide and national implications!
THANKS to the Henry delegation, Senator Eric Johnson, President Pro-Tempore Senate, the Governor's legal team and his legislative liason, Senator Chapman and the Senate Committee.
October 3, 2005
The US House of Representatives Debated HR4128 on floor today. The Bill passed with an overwhleming margin!!
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.
(a) In General- No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is subsequently used for economic development, if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so.
Residents allege records withheld
State investigates renewal agency in Stockbridge
By CHRISTOPHER QUINN
The Atlanta Journal-Constitution
Published on: 11/23/05
http://www.ajc.com/metro/content/metro/clayton/1105/23metstockbridge.html
The Georgia attorney general's office is investigating a resident's complaint that Stockbridge's Urban Redevelopment Agency violated open records laws.
Stockbridge has been involved in a controversial downtown makeover that includes buying and condemning properties to clear space for a new city hall and other downtown redevelopment.
Some of the condemned land will be sold to private developers to build townhouses, offices and retail space.
Some residents are fighting the condemnations, or forced sale of their properties. The issue has polarized the town.
Jane Askew-Rutledge, a Stockbridge resident who is not losing any land but believes the condemnations are a travesty, said she is behind the complaint of open records violations by the agency.
Askew-Rutledge filed a written request Sept. 13 for minutes from the Stockbridge Urban Redevelopment Agency's meetings.
Nancy Brown, secretary of the Redevelopment Agency, gave her minutes from June and July but not from an August meeting during which Vernon Moss, a large downtown property owner, was appointed to the agency. It also voted to begin condemnation proceedings on three properties at that meeting.
Brown wrote Askew-Rutledge a note saying that she did not release the August minutes because the agency had not approved them. A few hours after the note was written, the agency met, but still did not approve the August minutes.
The state open records law says that an agency may hold onto minutes until approved, but the minutes must be released no later than the agency's following meeting.
"It was a real short meeting. We didn't take time to approve them," Brown said by phone to the newspaper.
Askew-Rutledge said she asked for the minutes several times after that, but was turned down. She said she has been able to get few questions answered from the city about the redevelopment.
"I feel like I've been treated like a second-class citizen," she said.
She spoke with Barbara Torbett, another resident concerned about the condemnations, and Torbett called Attorney General Thurbert Baker's office.
The agency did not turn over the minutes as requested and does not have a regularly scheduled meeting time each month, Torbett said. For instance, it had no October meeting and does not have one scheduled for December.
"It seems like [the agency is] being evasive," Torbett said.
Russ Willard, a spokesman for Attorney General Baker, said his office is investigating a Stockbridge complaint, but he did not reveal details of the complaint.
The Atlanta Journal-Constitution requested the minutes Oct. 28. Brown declined to release the August minutes, saying the agency had not approved them. She did release them after the agency approved them at its Nov. 14 meeting.
Brown said she acted both times on her own understanding of the law.
"I did it on my own knowledge. If I messed up, I messed up," she said.
Jim Butcher, chairman of the Stockbridge Urban Redevelopment Agency, and its attorney, A.J. "Buddy" Welch Jr., could not be reached for comment.
The couple's lawyer, Scott Jacobson, argued that the city's change of plan shows how it has been dishonest in dealing with the couple since the process began.
Stockbridge undercut a deal the Meekses were working on in 2003 to sell their land for $743,000. A developer planned to build a 14,000-square-foot drugstore on it, but during the couple's negotiation, the city passed an ordinance limiting drugstores to 5,000 square feet.
Today's News Stories:
http://www.11alive.com/video/player.aspx?aid=47200&sid=72625&bw=&cid=51
http://www.cbs46.com/Global/story.asp?S=4186239
http://www.cbs46.com/Global/category.asp?C=13816 Scroll down for link to eminent domain case!
http://www.macon.com/mld/macon/news/local/13285687.htm
http://www.fox5atlanta.com/news/index.html
http://www.ajc.com/metro/content/metro/clayton/1205/01meteminent.html
ajc.com > Metro > Clayton/Henry
Woman fights order to pay city's attorney
By ERIC STIRGUS
The Atlanta Journal-Constitution
Published on: 12/08/05
A secondary skirmish in the Stockbridge eminent domain battle may go to the state Court of Appeals.
The major fight involves a couple resisting the city's efforts to buy their flower shop. But Donna Bell Mayo also plans to appeal a recent court ruling involving property she owns in Stockbridge.
"I wasn't given fair treatment," said Mayo, 52, who bought a house in Stockbridge in 1991, thinking the property would someday be valuable to an investor. "I think it's indicative of everything the city has done. They don't care about the people. They want to get as much as they can for as little money possible."
City officials, declaring eminent domain over the house Mayo owned at 126 Burke St., started court proceedings in 2003 to buy the property to construct a city building.
Mayo thought the property, which has been demolished and is currently idle, was worth $180,000. A special master ruled the property was worth $58,000. Mayo appealed and, in July, a civil jury decided the property was worth $63,361.
Mayo says the city did not act ethically in the case. City officials hired two appraisers before the case went to trial.
One appraiser valued the property at $58,000. The other said it was worth $72,500.
The city's attorney only called the appraiser who estimated the lower value to testify in the civil trial. Mayo said that's not fair.
Anne Sapp, the attorney representing the city, said she thinks both appraisals were "duplicative" in just about every area except the price, so she decided not to have both appraisers testify.
Sapp said Mayo could have sold the property for $72,500 in mediation discussions with the city, but she decided to take the case to trial.
Sapp also said Mayo's attorneys had two appraisals performed, one of which determined the property was worth about $70,000. That appraisal, Sapp said, was not mentioned during the jury trial.
"It's disappointing to me that they would allege that I was acting in bad faith when they chose to do the same thing," Sapp said.
Mayo's attorney, Richard Hubert, confirmed they hired someone who appraised the property at $72,500. He said the city has the burden of proof in the case.
The Mayo dispute is one of two ongoing eminent domain disputes in Stockbridge that has some state lawmakers studying ways to change Georgia's eminent domain laws.
The other, more publicized case involves a couple who own a flower shop. The city wants to buy about two dozen properties near City Hall to create a vibrant city core with a new City Hall, homes, shops and offices.
The flower shop owners are appealing the condemnation, so the city cannot take over the property until the case is finished in court.
Meanwhile, Georgia lawmakers have promised to rein in government's power of condemnation during the legislative session that begins Jan. 9.
State Rep. Steve Davis (R-McDonough) is one of the lawmakers who wants better-defined guidelines regarding how eminent domain should be used.
He thinks the city's efforts to use the policy to wrest land from citizens for future private development is callous.
"If you leave a crack in the door, the mouse will get in. [Stockbridge is] finding the crack and exploiting it," Davis said.
Stockbridge City Manager Ted Strickland says the city is simply abiding by Georgia's laws on eminent domain. He suggested some state lawmakers are exploiting the controversy to boost their standing.
"It's a political issue, and they've jumped on it," he said.
Mayo is dismayed about the case for another reason.
Although the jury thought Mayo should receive an additional $5,000 for the property, state law requires someone who appeals an eminent domain case to pay the other side's attorney fees if the value of the property does not rise more than 20 percent during the appeal process.
The additional $5,000 was just a 10 percent increase. Henry County Superior Court Judge William "Hal" Craig ruled in October that Mayo must pay the city $15,000 for attorney fees.
Hence, Mayo's appeal.
"I'm still fighting," she said.
Find this article at:
http://www.ajc.com/metro/content/metro/clayton/1205/08clxcondemn.html
Today, December 9th, puts us exactly one month from the start of the 2006 Georgia General Assembly. Thanks to your support, the Georgia Association of REALTORS has made significant strides in raising awareness for a much needed legislative solution to limit the power of eminent domain and prevent abuse.
Currently, the Association is developing proposed language that will be submitted to our state’s leadership. At the core of the issue, we believe three main areas must be addressed:
1. There must be more stringent definition of the term ‘blight,’ which is often used as a factor in determining if a property can be condemned. At this point, the concept of blight is a highly subjective and leaves too much opportunity for abuse of power without more defined parameters.
2. There must be a system of due process established that allows property owners to challenge the condemnation of their property if blight is cited as the reason for a taking. This would provide a safeguard to ensure that such power is not abused.
3. There must be a system in place to assure just and adequate compensation is provided to property owners who suffer a taking. In some cases, such compensation should rightly extend beyond a simple square footage valuation of a property as is so often used.
We ask that you remain vigilant in efforts to draw attention to the issue. While there are legislators who recognize the need to restore private property rights, there are also entities looking to leave the door open to a broader interpretation of the law…one that will continue to put property rights at risk.
Please ask your friends, relatives, neighbors and associates to log onto the campaign’s website and voice their support. That address is www.protectGAprivatepropery.com.
Your continued support is greatly appreciated.
Sincerely,
Judy Presley
President
Georgia Association of REALTORS
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