Crossville council approves settlement in eminent domain lawsuit from 2011

Meeting in a special called meeting, the Crossville city council approved a settlement worked out over an eminent domain claim from 2011 and the construction of the Northwest Connector.

City attorney Will Ridley went over the legal matter with the council that started back in 2011 as part of the city securing necessary property to build the first section of the so-called Northwest Connector. The city offered land owner John Turner and his wife an initial amount of $33,360 based on an appraisal done on the property. Mr. Turner sought a total amount of some $109,000 for the property based on what he felt it was worth. About 2 acres of property was involved that included .9 of an acre purchased in fee simple, another .65 acre for easements and temporary construction use, .2 of an acre for drainage slope and .65 on an acre landlocked by the project without access to a road.

Previous city attorney Ken Chadwell filed the eminent domain action and putting the $33,360 on deposit with the court and allowing the city to use the property while waiting until later to settle on the final compensation. As a court date approached on the matter, the city council authorized attorney Ridely to participate in a mediation on the matter in an attempt to settle the matter without going to court.

The agreement reached through the mediation included paying Turner an additional $36,150 plus interest at prime plus 2 percent. The total amount to be paid to Turner would be $45,000.

Council member Pan Harris asked Ridley what the expected cost to try the case might be and Ridley said between $25,000 and $32,000 was budgeted for that expense. In addition, there could be additional payment to Turner ordered by the court.

Will Ridley told the council that he recommended the council to accept the settlement. Mayor James Mayberry moved to accept the settlement and received a second from council member Harris.

Councilman Jesse Kerley commented, pointing out that there had been no complaints about the special called meeting at a mid-day time as had been made about previous special called meetings.

Said Kerley, “I find that a little interesting considering a man is getting $36,000 here today who painted a council members political signs...”

“Point of order!” stated councilman Pete Souza, saying the comments had nothing to do with the agenda item under discussion. Souza added, “I have no political signs.”

Mayor Mayberry ruled that Souza's point was well taken and asked for no personal attacks. Mr. Kerley responded that he had used no names in his comment.

Kerley continued saying that the appraisal was the most inflated one he had ever seen. “I think this was handled wrong.” Kerley said he would not support the settlement. Kerley also added that he wanted the city manager to give a copy of the appraisal to the county property assessor David Simcox adding that Turner should be taxed off of the appraisal.

Councilman Danny Wyatt said he did not agree 100 percent with the settlement, but said it was probably best for the city and everybody involved in it.

The vote on the motion included three ayes from Wyatt, Harris and Mayberry. Mr. Kerley voted against the motion and Mr. Souza abstained having previously said he would recuse himself as he and Mr. Turner were close friends.