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.
