Editorial
Master Plan Should Include Preservation Ordinance to Balance Effects of Eminent Domain
In June 2005 the U. S. Supreme Court ruled in Kelo v. New London, Conn. that eminent domain, or condemnation of property, could be used for economic development and may involve private residential or commercial development.
The high profile case centered on efforts of the New London, Conn. Community to revitalize itself after years of economic decline. Declared a “distressed municipality” in 1990, the city activated the New London Development Corporation to assist in economic development.
Bond money was obtained to purchase 115 privately owned properties in the proposed development area, but negotiations failed with 9 property owners. Suzette Kelo’s property was not in a blighted area.
In 2006 state legislatures are considering a number of bills defining “public use” and “public purpose” and who decides. Gov. Sonny Perdue’s proposed legislation this year would leave decisions to elected officials and Board Authorities in exercising their taking power through condemnation.
“A few communities still view demolition rather than rehabilitation as the solution to dealing with rundown historic buildings,” according to Greg Paxton, President and CEO of The Georgia Trust.
“A balance can be found between using the power of condemnation to promote community revitalization such as through historic preservation, and using eminent domain for private development at the expense of the community’s well-being,” says Paxton.
Attempts to Exercise Eminent Domain Powers in City’s Historic District
Within the City’s historic district, two high profile actions within the past two years have attracted community attention.
Most recent is the city’s notification through its attorney last year to downtown business owner J.P. Harrington of plans to take his parking lot on Skin Alley through condemnation for a proposed Plaza fountain.
In 2003, a former city council voted on motion brought by Councilmember David McLeroy with second by Councilmember Tim Hopton for a Resolution in Support of the Gwinnett County Commission’s Condemnation Action to take a 1.3 acre property on Lawrenceville Street belonging to Mr. Billy Weathers for the proposed new fire station.
Both these properties are in the National Registry Historic District. The house on the Weathers property dates prior to 1920. It is significant historically as the first brick house in Norcross.
How many Norcross citizens can afford a $250 an hour attorney to fight such a case? Asserting this is one of the best lots in Norcross, Mr. Weathers reportedly received approximately $460,000 from Gwinnett County for his property, which works out to approximately $353,000 per acre, but he states his legal fees were in excess of $35,000 with $26,000 lost rent during the dispute. While Mr. Weathers asserts he was glad to sell for a fair price, he feels he did not get full value.
By comparison, in 2003 the city bought the 1.588 acre tract on residential Wingo Street one block behind Mr. Weathers’ property for $591,900 or approximately $372,000 per acre. In 2005, the DDA sold the same tract for $640,000, or approximately $405,000 per acre.
City of Norcross now largest landowner in the historic district
A number of acquisitions within three years make the city the largest landowner in the historic district. Presently, land deals are negotiated outside the public view. By the time a public vote is taken, it is a “done deal.” With so much historic property at risk from redevelopment pressures, a preservation commission of experts is needed to ensure balance and fairness in managing what is the heart of the city’s vitality—its intact turn-of-the-century historic district -- the essential essence of that special “Coming Home” feeling so unique to Norcross.
Last year the city council purchased .095 acre at 54 Jones Street for $350,000, intending to demolish the 1950’s Early Modern building for a proposed Plaza and fountain. The council also purchased from Robert Forro for the same purpose the lot on College St. for approximately $250,000, intending to demolish the 1870 Tee-Folk cottage that saw the town’s founding.
Design Guidelines in a historic district work best when tied to a preservation ordinance that protects the federal National Registry listing. Otherwise, other federal regulations can overpower a community’s desire to preserve its historic district that is the very heart of its economic vitality Consider the proposed cell tower intrusion before the DDA in 2005. Attorney Ellen Smith, arguing for the potential plaintiffs stated, “FTC regulations trump your local Design Guidelines ordinance.”
Another example of potential risks to property owners is the proposal last year by Gwinnett County DOT to build a bicycle trail down North Peachtree in accordance with the 2001 LCI Guidelines proposals. The tree canopy would have been destroyed on one side of the street. Only resident outcry stopped the potentially devastating project in this important historic gateway. Had a preservation ordinance been in effect, the Gwinnett County DOT would not have considered such a project.
With a leveled playing field as provided by a preservation ordinance, and with sensitive city planning, local property owners in the historic district would benefit rather than being at the mercy of unforeseen intrusions, be they government, corporate, or private.
Save Historic Norcross
141 S. Peachtree Street
Norcross, Georgia
@ Copyright 2005-2006
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