Posted on 12/17/2004 5:37:03 AM PST by beaureguard
Sandy Springs widow Eleanor Brazell received an early holiday present Thursday after Hall County commissioners had a change of heart about her family land.
The commission voted Thursday to stop pursuing the forced sale of 323 acres owned by her family for a large park in fast-growing southern Hall.
"We are very pleased," said Brazell, 67, a retired middle school teacher.
She preferred to honor a contract that her husband, Jim, signed last Dec. 1, the day before he died of a heart attack. They planned to sell 311 acres to Del Webb, the retirement community division of Pulte Homes, and keep 12 acres surrounding a cabin designed by her husband, a retired Georgia Tech professor.
But Hall commissioners, envisioning an expansive park with ball fields and walking trails, wanted to take her land by eminent domain, the power given to government to force land sales for public use. And the county wanted to pay her millions of dollars less than was offered by the developer.
A hearing to determine the value of the property and whether the commission had the right to take the land was set for Dec. 28. A "special master" would have up to three days to make a decision, limiting the county's time to appeal before two commissioners who favored the sale, Gary Gibbs and Roger Cole, leave office Dec. 31.
"The clock appeared it would run out," said Gibbs, the outgoing commission chairman. "It wouldn't give us enough time to get it consummated. I didn't feel like the incoming commission would follow through on that."
In fact, the two incoming commissioners objected to the condemnation.
"I was totally committed to do everything I could come Jan. 1 to stop it," said newly elected Commission Chairman Tom Oliver.
The situation underscored the demand on fast-growing counties to find enough acreage for parks, which their residents see as necessary amenities. It also illuminated the frequent rush by lame-duck elected officials to accomplish their agendas before leaving office.
The case became the talk of the county, and some accused the commission of abusing its power of eminent domain.
Commissioner Deborah Lynn, who represents southern Hall, said she wanted the legal proceeding to continue. "I just feel it's unfortunate that this couldn't work for the Brazell family and as well for the citizens of south Hall," she said.
Lynn said she didn't know the property was under contract when the county began the condemnation process. She still pursued the land because she wanted to provide her constituents with an area for recreation. ''It's the piece that's still the best site for the park,'' Lynn said.
Eleanor Brazell never knew the county was eyeing her property until last month. She thought the deal with Del Webb was on track to close in April 2005 until she received a letter from the county dated Nov. 15.
The county offered $20,000 an acre, or $6.46 million for all 323 acres. The developer had agreed to pay $27,000 an acre, or $8.4 million, for 311 acres. In that deal, Brazell would keep 12 acres and the log cabin.
When Brazell declined the county's offer, the county sued. "We did in our heart what was in the best interest of the people of Hall County," Gibbs said. "We gave it our best effort, it didn't work and we'll move on to something else."
The developer will move forward, too. Chris Schroder, a spokesman for Del Webb, said the company plans to file a rezoning application next week. Plans call for up to 1,300 homes on at least 500 acres, but the company still is assembling additional land adjacent to the Brazell property, he said.
Brazell said she plans to live off the money generated by the sale in retirement, as well as establish college funds for her two grandchildren and give money to her church.
"It puts us back pretty much where we were," she said. "It's just wonderful."
This is the case that Boortz talked about on his show and in Nealz Nuze yesterday.
ping
The only way that could have happened is if County staff deliberately witheld that information, which borders on fraud.
So they are undeterred in their efforts to steal land? The least they could do is pay what the market would generate. To undercut the market by millions is criminal.
Like flipping on the light and seeing the roaches run for cover. Politicians are no different than roaches.
BTTT!!!!!!!
Good Luck with your rezoning application...
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