Motion to Condemn Property Fails

A Dacula man will get to keep his property for now after a motion to exercise eminent domain failed to pass a vote of the Dacula City Council.

The property owner, Sam Hinton, . In November, the council voted to begin the legal process to condemn and take the property for use as a city park.

Hinton, , was represented at the March 3 council meeting by his attorney Denise Griffin.

During the public comment period prior to the vote, Griffin described the proposed condemnation as a sin.

“I believe it is a sin to take a person’s land against their will unless there is a critical need,” she said.

Saying the park had very little to offer the community, Griffin encouraged the council to vote against exercising eminent domain.

“It’s morally wrong to condemn Sam’s land, it’s practically wrong to condemn Sam’s land and it’s fiscally wrong to condemn Sam’s land,” Griffin said.

Dacula Mayor Jimmy Wilbanks said while one could argue a park might not constitute a “critical” need, the city’s charter allows eminent domain to be used for “public places.”

“The fact that some people may not think this is justified is perhaps immaterial and maybe it’s not,” Wilbanks said. Wilbanks added that the council was trying to follow the city’s comprehensive plan which calls for parks in the downtown area.

Councilwoman Sue Robinson motioned to adopt the resolution condemning the property and was seconded by councilman Wendell Holcombe.

During the subsequent discussion period, councilman Tim Montgomery motioned to table the vote to allow time for further negotiations. The motion failed for lack of a second.

Once the mayor called for a vote, Robinson and Holcombe voted in favor of the resolution to exercise eminent domain while Montgomery and fellow councilman Gregory Reeves voted against.

Wilbanks cast the deciding vote against the condemnation saying the matter was too important for him to decide alone.

“I am not going to make this decision by myself,” he said. “This is a property right, so I’m going to vote against the motion.”

The city currently owns three parcels of land adjacent to Hinton’s lot. The combined half-acre tract was purchased in December of 2010 for $167,000 for . The city had hoped to acquire Hinton’s 50-foot-by-90-foot strip of land for additional park space and to provide construction crews with access to the city's land in order to demolish an old building on the property.

After the vote, Sam Hinton said he would be willing to allow crews to use his land to access the building.

“I have no objection to you using my property if you are insistent upon tearing down that building,” Hinton said.

In other business, the Dacula City Council:

• Tabled a vote to authorize the city to engineer plans for a . The project calls for creating a two-way entrance at the intersection of Second Avenue and Dacula Road. As planned, the project would allow traffic to turn right onto Second Avenue and would allow motorists to turn right only off Second Avenue onto Dacula Road.
• Tabled a vote to authorize the city to purchase a new leaf/chipper truck for the street department. The city’s current truck, a 25-year-old vehicle purchased in 2004 for $4,500, suffered a “catastrophic” failure related to its transmission. City officials are considering purchasing a new truck for $30,577. Additional options such as four-wheel drive and a snow plough attachment are being considered.
• Adopted a resolution to partner with the Georgia Department of Revenue to ensure sales taxes are being collected from Dacula businesses. Mayor Jimmy Wilbanks said a case study showed millions of local tax dollars were not being collected by the state. The resolution would require the city to transmit city business license information to the Department of Revenue.