Sunday, April 17, 2011
Condemned building in downtown Dacula to be taken down.
Demolition of a condemned building on Dacula city property will begin Monday, April 18 according to Mayor Jimmy Wilbanks. The city had delayed the demolition until securing a temporary construction easement from adjacent property owner Sam Hinton. City officials requested the easement in order to provide city crews with easier access to the structure. The City's website advises motorists to watch for flagmen, traffic cones and other traffic control devices that may be in place while the demolition takes place.
Wednesday, April 13, 2011
City of Dacula acquires temporary construction easement to tear down old building on city property.
Demolition of a condemned building on Dacula city property will begin next Monday according to Mayor Jimmy Wilbanks. The city had delayed the demolition until securing a temporary construction easement from adjacent property owner Sam Hinton. City officials requested the easement in order to provide city crews with easier access to the structure. Mayor Wilbanks said the city now has a signed easement in hand and will begin demolition on April 18. Last year, the city attempted to acquire Hinton’s lot at the corner of Second Avenue and Wilson Street for a proposed downtown gathering space. In December of 2010, after several unsuccessful attempts to purchase Hinton’s property, the city initiated condemnation proceedings. Last month, a motion …
Thursday, April 7, 2011
City still waiting on signed temporary construction easement from owner of adjacent property.
City leaders hope to have demolition of a condemned building underway by April 18, but have not yet secured a temporary construction easement to provide city crews with easier access to the structure. “Our building inspector, he’s condemned it for public use,” said Dacula Mayor Jimmy Wilbanks. “We need to get it down before someone gets in there and gets hurt.” The city-owned building is located on property adjacent to a 50-foot-by-90-foot strip of land owned by Dacula resident Sam Hinton. The city hoped to acquire Hinton’s lot at the corner of Second Avenue and Wilson Street for a proposed downtown gathering space and to provide construction crews with access to the city's land in order to demolish the now-condemned building. In December …
Thursday, March 31, 2011
Officials say downtown property owner has yet to sign agreement allowing city crews access to land.
Despite a very public assurance that he would grant the city access to his property, downtown property owner Sam Hinton has yet to sign a temporary construction easement needed to facilitate the demolition of a derelict building on City of Dacula property. Earlier this month, after a motion to condemn his property failed, Hinton addressed the council and indicated his willingness to allow city 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 at the March 3 council meeting. The building is on one of three city-owned parcels of land adjacent to Hinton’s lot. The city’s half-acre tract was purchased in December of 2010 for $167,000 …
Wednesday, March 30, 2011
Council to discuss status of temporary easement on property eyed by city for condemnation.
The Dacula City Council will meet Thursday, March 31, for a work session. On the agenda is the status of a temporary easement on property owned by Sam Hinton. The property, at the corner of Wilson Street and Second Avenue, was the subject of a condemnation action by the city. The city initiated condemnation proceedings in November to take the land for use as a city park after attempts to negotiate a purchase failed. The city already owns three parcels of land adjacent to Hinton’s 50-foot-by-90-foot lot. Mayor Jimmy Wilbanks said Hinton’s property was needed, in part, to allow for the safe demolition of a structure on the city’s property. After a motion to condemn the property failed at the March 3 Dacula City Council meeting, Hinton …
Friday, March 11, 2011
When is the government justified in taking land from private citizens?
In easy to understand terms, eminent domain is the power possessed by the state over all property within the state. Eminent domain is not the law per se. Eminent domain is based upon English common law which traces its roots back to the Magna Carter in 1215. The practice of condemnation begin in the colonies when unimproved land could be taken without compensation. When our U.S. Constitution was drafted, James Madison wrote the Fifth Amendment, which is essentially a Bill of Rights to protect against abuse of government authority in a legal procedure. In the case of eminent domain, it states that private property cannot be taken for public use without just compensation. If you are a citizen of Dacula, you are probably well familiar with…
Thursday, March 3, 2011
The City of Dacula will vote on whether to proceed with plans to take Sam Hinton's property for use as a park.
The Dacula City Council will vote tonight whether to move forward with plans to condemn a piece of property for a downtown park. A resolution approving the exercise of eminent domain to condemn the tenth-acre tract of land near the corner of Second Avenue and Wilson Street is on the March 3 agenda. The property owner, Sam Hinton, has refused several purchase offers from the city. In November, the council voted to begin the legal process to condemn and take the property for use as a city park. The park will replace the small downtown gathering place and gazebo once located near the railroad tracks in downtown Dacula. The city was forced to demolish the gazebo in June 2009 due to its encroachment on the CSX railroad right-of-way. Yesterday, …