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Saturday, February 13, 2021

Landowner, Hall County struggle over property key to inland port - Gainesville Times

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Attempts to reach Georgia Ports Authority officials for comment were unsuccessful.

Hall County commissioners held a special closed meeting to discuss details regarding land acquisition, but neither party has disclosed the details of the meeting. Officials are allowed to meet behind closed doors for a few reasons in Georgia, including discussion of real estate.

However, Coley said the county has yet to approach him with a “reasonable offer.”

“This land is for sale and it’s pivotal for the inland port project, but the county doesn’t want to pay what it’s worth.”

He estimates the property, which was endowed to him and his sister Neva Latty through an irrevocable trust in 2018, is worth nearly $1 million and is currently awaiting an independent appraisal.

“We’re trying to get an appraisal done on the property so we can set a fair price, but we’ve been rushed through this process by the county,” he said. The county first approached him in August 2019, offering $40,000 to acquire the parcel or face condemnation.

Coley said the county’s appraisal of his property was not “complete,” noting several pages of appraisal documents were “missing.” 

The property includes several parcels with assessed tax values of $84,566, $18,700, $5,500, $2,400 and $2,100. Hall County taxes are based on the assessed values, but those often do not align with the market value of a property, which can fluctuate. 

Coley said he isn’t asking for the full amount but noted that other nearby property he estimated between 2 to 3 acres had been acquired in the neighborhood of $400,000.

The ports authority acquired the bulk of the property, 108 acres, in 2018 from the Hall County Development Authority for $5.6 million. That’s $51,851 per acre. That property’s 2020 tax value is listed at just over $2 million. Previous sales were not available in the county’s online records.

“I think the county is under the impression that we were desperate to sell it, and we’re not,” he said. “We are not going to devalue a $1 million property just because they want it.”

According to Coley, the county sent offers of $150,000 and $360,000 to Coley’s attorney and have rushed his legal team to make a counteroffer.

County documents state that there is a deadline for when the property needs to be acquired to align with the timeline of the inland port construction, however, county officials declined to comment on what the timeline is.

Coley said the treatment from the county has been a major source of stalled negotiations.

“I think they had planned on us being a nobody in this situation and they were going to take what they want from us,” he said. “Their attitude from the beginning has been you’re going to sell or else.”

Landowners in the state have certain protections under the Landowner’s Bill of Rights but are not protected from eminent domain situations, as long as the exercising party notifies the landowner if they are using it for public use.

And Coley said he’s not trying to get in the way of the inland port project. He wants to ensure there’s equity in land acquisition matters between property owners and county governments in future disputes.

“The inland port is coming and the county will have this property, but it’s the way they have gone about it since they reached out with their first offer,” he said.


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Landowner, Hall County struggle over property key to inland port - Gainesville Times
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