City of Brookhaven


Consideration and Approval of Resolution to Authorize the City Attorney to Bring Such Action as May be Necessary to Secure, in Fee Simple, Real Property Located Within the City of Brookhaven for Public Purposes And/Or Roadways as Authorized Under Georgia Law - 1793 Briarwood Road


Department:City CouncilSponsors:


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Meeting History

Jun 29, 2017 7:00 PM Video City Council Regular Meeting

Mayor Ernst introduced the item and recognized City Attorney Chris Balch. Mr. Balch provided background. He introduced Mr. Warren Power who would be lead counsel on the condemnation and acting as lead counsel. His firm currently served as County Attorney for Henry County. This was unique area and required specialized counsel. He specialized in eminent domain. The purpose of the resolution was to authorize the use eminent domain under Title 22 and Title 32 of Georgia Code. The City had exhausted all efforts to reach an agreement with the property owner. The owner was provided with the requisite notice under the statue and it was also posted on the property as required.

Mayor Ernst asked if there were any questions.

Council Member Park made the motion to approve. Council Member Gebbia approved. Mayor Ernst asked for discussion among council.

Council Member Park believed that taking a property for public use was at the discretion of City Council but he disagreed. He did not like idea of taking property but Council was running City for roads, schools, pathways, sidewalks, etc. There were times when this was necessary. Council could not let one individual stop the City's progress. He was doing this with hesitation but at end of day, it was the right thing to do.

Council Member Jones mentioned that she loathed to exercise eminent domain, but this was a unique situation, and it was unfortunate that it had to be this way. Council Member Gebbia noted that he was not a fan of eminent domain. Council offered fair market value, even more, but only obvious course to take was eminent domain.

Mayor Ernst mentioned that this was not first option, but was the last option.

The motion passed unanimously.

MOVER:John Park, District 2
SECONDER:Joe Gebbia, District 4
AYES:Linley Jones, John Park, Bates Mattison, Joe Gebbia