Columbus, Georgia

Agenda Item # __________



Columbus Consolidated Government



Council Meeting



04/23/2002



Agenda Report # ____________







TO: Mayor and Council



SUBJECT: Condemnation of Property



INITIATED BY: City Manager's Office

_________________________________________________



Recommendation: Approve the attached Resolution to authorize the Condemnation

of 115 acres of real property adjacent to Standing Boy Creek Park, identified

on the attached map marked EXHIBIT A.



Background: The Department of Natural Resources (DNR) has requested the

Consolidated Government of Columbus condemn 115 acres of real property for Five

Thousand Dollars ($5,000.00) per acre. Additionally, the Department of Natural

Resources will execute a Letter of Intent and enter into a Purchase Option with

Columbus Consolidated Government to purchase the property after completion of

the condemnation proceedings.



Analysis: The property consist of 115 acres of property, which is adjacent to

Standing Boy Creek State Park. The Property will be condemned by the Columbus

Consolidated Government and then acquired by DNR with funds from the

Chattahoochee River Regional Park program. The State of Georgia will make

every effort to purchase the Property from the City by December 31, 2002. Such

acquisition is subject to approval of the State Properties Commission and

conformity to standard State acquisition procedures.



Financial Considerations: Consistent with State acquisition procedures, the

State will pay the City $5,000 per acre, which is the land cost of the

Property. Also, the State will reimburse the City for all direct costs incurred

by it in connection with acquisition of the Property (provided that all

documents are prepared to State standards and certified to the State of

Georgia), including, without limitation, the costs of surveys, environmental

assessments, appraisals, attorney?s fees, court costs, Special Master fees,

title insurance and recording fees, as well as any and all other out-of-the

pocket costs incurred by the City in connection with the acquisition and

conveyance of the Property to the State. The Department will require a detailed

accounting spreadsheet of all items eligible for reimbursement. In the event

that the State is unable to purchase the Property from the City by December 31,

2002, then the State will pay the City twice the Georgia Fund 1 Rate which the

City would have earned on the sums used by it to acquire the Property through

condemnation, and which latter sum shall be paid by the State to the City for

every day after December 31, 2002 until the purchase of such Property is

consummated by the State or such Property is sold by the City under applicable

ordinances on the open market by sealed bid by the City of Columbus. If such

an open market sale occurs, the State will have no further obligation to pay

the sums set forth in the within and preceding paragraphs.



Legal Considerations: Council must approve the exercise of the power of

eminent domain in accordance with Georgia Code Chapter 61, 36-61-09.



Recommendations/ Actions: Approve the attached Resolution approving the

Condemnation of the above identified property.