Decatur to vote on eminent domain

Decatur’s commission will vote on whether to seize a controversial piece of land near Dearborn Park by eminent domain during its regular meeting, 7:30 p.m. Nov. 6 at city hall, 509 North McDonough St.

Over the past two years this property, about four acres, has had a convoluted history. In November 2015, residents of the southeast Decatur area became concerned when they saw surveyors tagging trees. City Manager Peggy Merriss assured them the city had no intentions of developing this tract.

In fact, several have commented that the property is virtually undevelopable due to rough terrain and varying elevations

But in June 2016, the land was purchased by Kudzu Capital. The most recent plans offered by Kudzu shows 11 out of 16 lots getting developed. The lots, however, are landlocked, and during an Oct. 9 Zoning Board of Appeals meeting Kudzu sought a variance to build a road fronting its proposed homes. As Kudzu attorney Linda Dunlavy told the zoning board that night, without that access, “there is no value to this property.”

Before a huge city hall crowd of roughly 150—with practically everyone opposing Kudzu’s project—and after a 3½- hour meeting, the zoning board tabled the variance.

The next day signs began popping up in Dearborn Park proclaiming the city’s intentions of exercising eminent domain.

“The die is cast,” Dunlavy told the AJC. “The city has made clear they want the property. If they (seize by eminent domain) they have to offer a fair market value. It may come down to if they want to pay what we believe is fair market value.”