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  • Henry takes heat for eminent domain purchase of battlefield

    Henry takes heat for eminent domain purchase of battlefield

    By ERIC STIRGUS
    The Atlanta Journal-Constitution
    Published on: 05/08/07
    The tranquil stretch of rolling farmland in the northern tip of Henry County offers no hints of its bloody past.

    In 1864, shortly after the Battle of Atlanta, Union soldiers rode to the Nash family farm, looking to destroy Confederate supply lines.

    In 1864, both the Union and Confederate armies lost more than 500 soldiers at Nash Farm Battlefield. Henry CountyÕs $8 million purchase of the land Ñ with a vision of turning it into a park commemorating the battle Ñ has prompted criticism.


    The Rebels surrounded the Union troops, and more than 500 soldiers from each side died in the battle at the farm, known as Kilpatrick's Raid.

    Today, a new battle is being fought over the Nash family farm.

    More than two years after the county plunked down $8 million to buy the farm — with the grand vision of turning it into a park commemorating the battle — some residents are second-guessing that decision.

    They're upset that the county used eminent domain laws to buy the land, and argue the money could have been used to improve traffic or build schools in what is one of the nation's fastest-growing counties.

    Opponents are using the Internet to spread their message, and the debate, it seems, is popping up everywhere — from lunch counters to community meetings.

    McDonough resident Jason Pye is leading the charge.

    In many ways, Pye is a son of the South. A native Georgian, he loves football — on Saturdays — and, of course, sweet tea and chopped barbecue. Initially, he supported the preservation effort.

    But Pye's taste for the project quickly changed. He grew angry about the price and wasn't pleased that the county used eminent domain laws to force the sale.

    So he's been using his personal Web site to criticize the preservation plans.

    "It's over. The South lost. Let it go. Until people accept that, people are going to continue to spend money honoring slavery," said Pye, 26, who is white. "That's morally wrong."

    Barbara Torbett, a longtime community activist, is another critic.

    "Are we going to buy all the property that has historical significance?" she said. "And what is historically significant?"

    Supporters, though, say the farm was worth every penny.

    "We're starved down here [for parkland]," said Sharon Sagon, who went to an Easter egg hunt last month at the park. "It's just one of the greatest things that's happened on this side of Henry County."

    The Nash Farm Battlefield is perfectly located for a subdivision.

    To the east, you'll find a golf-course community, several subdivisions and a retail shopping center. A couple of miles to the west is busy U.S. 19/41.

    The Nash family farm was the site of five military actions, according to Civil War historians. Yet, the farm's military history was largely unknown until late 2005, when its owner, auto dealer Maxie Price, approached the county with his plan to build 399 homes on the 204-acre site.

    The plan would include some appropriate memorial to the battle, he pledged.

    Henry County Commissioner Elizabeth "B.J." Mathis, whose district includes the farm, had a different idea.

    She envisioned a park with walking trails and a museum with bullets, breastplates and other artifacts found on the farm.

    The county negotiated with Price. He wanted $10 million. The county appraised the property at $4.1 million, according to Mathis. Unable to swing a deal, county commissioners used Georgia's eminent domain laws to force Price to sell them the land.

    An attorney assigned to hear the dispute ruled the property was worth $8 million. The county paid that amount, but it's now asking a judge to lower the price.

    At first, there was little grumbling about the deal. Over the years, the metal mouths of bulldozers have turned many Georgia battlefields into subdivisions. In Paulding County, a Confederate artillery battery site became the Summer Hill subdivision. The trenches of a Tennessee infantry were leveled for a shopping center.

    At the time the county bought the land, Pye and others were busy protesting a plan by Henry's largest city, Stockbridge, to use eminent domain laws to buy businesses, tear them down and re-create its downtown.

    After the shouting in Stockbridge ended late last year, Pye and others turned their attention to the Nash Farm.

    "The cost was outrageous," said Pye, who is active in Libertarian circles and maintains his own political blog. "Most people feel it could had been used in better places."

    Mathis disagrees.

    "You don't often have a chance to acquire a historic battlefield," said Mathis, who is looking for grants to bring life to her vision for the property. "The majority of citizens are in full support of its acquisition."

    Sagon, known for the elaborate Christmas decoration displays at her home, has had friends call her in recent months criticizing the purchase.

    She doesn't get the complaints.

    "If we don't remember our past, we are going to repeat it in the future," she said. "I think [preserving the property would] do more to educate the people than drive a wedge in it."

    And so, the Nash farm remains a battlefield — in more ways than one.
    Mike Ventura
    Shannon's Scouts

  • #2
    Re: Henry takes heat for eminent domain purchase of battlefield

    Thanks for posting this.

    I was living 5 miles down the road when all this started. It is a wonderful tract of land (and a nice looking house). Knowing Henry County, this really might not be over, if any one here is interested.

    Aside from the power of money and the rapid growth here on the Henry/Clayton counties' line, the key to the whole fight is not this land, but the issue from a similiar time frame mentioned in the article:

    "At the time the county bought the land, Pye and others were busy protesting a plan by Henry's largest city, Stockbridge, to use eminent domain laws to buy businesses, tear them down and re-create its downtown.
    After the shouting in Stockbridge ended late last year, Pye and others turned their attention to the Nash Farm."

    Just to add a little to this posting.
    Pat Brown

    Comment


    • #3
      Re: Henry takes heat for eminent domain purchase of battlefield

      Lindsey:

      I remember the Stockbridge eminant domain issue - isn't that the one where the local florist fought the city and won?

      This makes sense - these people are all mobilized on the issue of eminent domain and are looking for another "issue."

      The other side of the coin is that the State of Georgia is on record regarding civil war preservatyion and that they want to promote civil war tourism in GA, centered around the 150th anniversary events.
      Mike Ventura
      Shannon's Scouts

      Comment


      • #4
        Re: Henry takes heat for eminent domain purchase of battlefield

        Mike,
        You are 100% correct. The city of Stockbridge wanted to seize the florist shop as part of the it renewal of downtown. Lots of folks were outraged (which if I remember correctly included Ms Mathis who was running for county commission around that time). Anyway, these are the core of that group looking for a new project.

        I believe that the county is in the stronger position for two reasons: 1) the state is big on CW tourism right now and is very happy that the county shelled out the cash on this one b/c the legislature is in favor of preservation without it costing any money for them, and (2) the county won round one and owns the land. The worst case scenario would be backlash in the voting booth for the commision election, and these libertarian-types taking 3 seats. Henry, like most rapidly growing metro Atlanta counties can have radical political mood swings on just these types of issues.

        This is one where presevation is on stronger ground, and that could mean supporters like folks on this board move on to the "harder" fight, and then get a big surprise...
        Pat Brown

        Comment


        • #5
          Re: Henry takes heat for eminent domain purchase of battlefield

          Even though this was used to secure battlefield property. I'm firmly against eminent domain. none of us own our property with laws like this on the books.
          The county wanted the land, Price high balled, the county low balled, and when they couldn't get it as cheap as they wanted they used an unconstitutional law to take it.

          I'm sorry but battlefield preservation, or not, I'll never support any use of eminent domain.
          [SIZE=3][COLOR=DarkOliveGreen][B]Howard Davis[/B][/SIZE][/COLOR]
          [I]Retired[/I]

          Comment


          • #6
            Re: Henry takes heat for eminent domain purchase of battlefield

            Any of you here familiar with the battles that have been "re-enacted" there?
            Patrick
            Just a private soldier trying to make a difference

            Patrick Peterson
            Old wore out Bugler

            Comment


            • #7
              Re: Henry takes heat for eminent domain purchase of battlefield

              Pete,
              So far there has only been a small skirmish on the site, during the dedication weekend. This fall, there will be a farily large-scale mainstream reenactment, 1st weekend in November if I remember correctly. If anyone is interested in doing any type of c/p/h event on the site, email me and I can get you in touch with the manager who's a c/p/h reenactor. The county is pretty firmly behind the battlefield, and Jason Pye aside, most residents are behind the acquisition. Price isn't legally challenging the eminent domain use, but as I understand it, his lawyers are trying to stop the county's efforts to reduce the arbitrated price.

              I'm not a fan of eminent domain, but the county used it only in an attempt to get a market price out of the seller, (they were looking to pay about $15,000/acre). They ended up paying about $27,000/acre instead of the roughly $35,000/acre the seller was originally looking for once he heard the county was interested. In other words, this isn't a case of mom and pop not wanting to move for a power line. Price probably couldn't have gotten that from a subdivision builder. It could have been a lot worse for him. If the county had wanted to, they could have not agreed to the arbitration. The Supreme Court case last year made it easy if Henry county had wanted to simply pay market value. Besides, I'm not too worried about Maxie Price, he's screwed plenty of people into new Chevrolet's.... (He owns multiple car dealerships)

              Kind Regards,
              Andrew Jerram
              Kind Regards,
              Andrew Jerram

              Comment


              • #8
                Re: Henry takes heat for eminent domain purchase of battlefield

                Pip is correct.

                I'm aware that Earl Zeckman and his group are moving the "Battle of Atlanta" event to the Nash Farm site fo the next three years (per their agreement with the site). This is the event that was helad at the Olympic Horse Park in Conyers for several years.
                Mike Ventura
                Shannon's Scouts

                Comment


                • #9
                  Re: Henry takes heat for eminent domain purchase of battlefield

                  Originally posted by pipthelimey View Post
                  I'm not a fan of eminent domain, but the county used it only in an attempt to get a market price out of the seller, (they were looking to pay about $15,000/acre). They ended up paying about $27,000/acre instead of the roughly $35,000/acre the seller was originally looking for once he heard the county was interested. In other words, this isn't a case of mom and pop not wanting to move for a power line. Price probably couldn't have gotten that from a subdivision builder. It could have been a lot worse for him. If the county had wanted to, they could have not agreed to the arbitration. The Supreme Court case last year made it easy if Henry county had wanted to simply pay market value. Besides, I'm not too worried about Maxie Price, he's screwed plenty of people into new Chevrolet's.... (He owns multiple car dealerships)

                  Kind Regards,
                  Andrew Jerram
                  Deleted, not the place for this discussion.

                  Let's just say were not in agreement on this issue.
                  Last edited by HighPrvt; 05-10-2007, 11:09 AM. Reason: Deleted because it was going somewhere it didn't need to go....
                  [SIZE=3][COLOR=DarkOliveGreen][B]Howard Davis[/B][/SIZE][/COLOR]
                  [I]Retired[/I]

                  Comment


                  • #10
                    Re: Henry takes heat for eminent domain purchase of battlefield

                    I realize the real issue here has to do with eminent domain, but I just can't resist Pye's ridiculous statement that honoring a Civil War battlefield equates to honoring slavery. That is like saying honoring Revolutionary War battlefields equates to honoring despotism. Where have critical thinking skills gone?

                    Jonathan Vaughan
                    Jonathan Vaughan
                    14th Tennessee
                    3rd Missouri

                    Comment

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