July 24, 2017
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213 Comments on "Brookhaven using eminent domain on 19-acres for Peachtree Creek Greenway"

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Hunter Burke
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Hunter Burke

They won’t even put the enormous debt the city will create on referendum, there’s no understanding that the majority of residents want PCG, now, in true fascist fashion Herr Ernst & Herr Sigman are taking private property. The egos of this Brookhaven Administration. PUT PCG ON THE NOVEMBER BALLOT!!!

Huey Mahl
Guest
Huey Mahl

Fascists? Really? Congratulations, you have once again proven Godwin’s Law.

https://en.wikipedia.org/wiki/Godwin%27s_law

Burke Brennan
Guest
Burke Brennan
The PCG Master Plan was approved by a 4-0 Council vote, and the financing mechanism using Hotel/Motel tax revenues was approved by the DeKalb County delegation, the General Assembly and signed into law by Governor Nathan Deal. The reason the PCG project is funded with hotel/motel taxes was specifically to fund the project without placing any additional tax burden on the residents of Brookhaven. Since this is a special revenue stream issued by the state of Georgia and because its use is restricted (i.e. to build the PCG) the funding vehicle for completing the project is not subject to a… Read more »
Spin Doctor
Guest
Spin Doctor

Maybe not subject to a citywide referendum NOW but it could have been voted on prior to going to Dekalb County, the General Assembly and the/a Governor. Dekalb, GA, and a governor will all be here again next round. Mayor and council pushed this thru in an attempt to not have citizens choice or option. Plan and Simple

Susan
Guest
Susan

Burke, what is the budget for maintenance, repairs after flooding, police etc. and any special vehicles required for maintenance and police patrols? Will these items be funded by the hotel/motel tax or are they the burden of the taxpayers?

Ashford Park Resident
Guest
Ashford Park Resident

Burke Brennan – you know this PCG project will require lots of borrowing that the city only believes will be funded by Hotel/Motel taxes. Council will indebt Brookhaven long past their terms in office. The citizens should be asked if they agree to the debt. Nobody has, and, mayor & council are doing everything the can to avoid asking. Poor representation in my opinion.

How many times do you have to be told?
Guest
How many times do you have to be told?

https://brookhavenpost.co/2014/11/05/brookhaven-redevelopment-powers-voted-down/23910/

Next time someone complains in the hallway of city hall that “the public just doesn’t understand”, and “they should get more involved in the political process,” show them the attached article.

When they try to escape transparency again by claiming the “public flogging of Redevelopment Powers had nothing to do with eminent domain,” just shake your head and internalize who you’re working with.

Good luck down at the office.

Andy
Guest
Andy

Watch out D4! You got something Brookhaven’s elite want they are going to get it! PCG today, Joe’s Buford Highway tomorrow! You really thought that property was yours? HA! Pine Hills, here we come!

Heather
Guest
Heather
And for those that are not aware- the people in the Pine Hills area that may have their businesses or homes seized by Brookhaven are not running dilapidated crack dens or whatnot — we’re talking about tax paying, law-abiding citizens with well maintained properties whose lives may very well be ruined. Some of these people are senior citizens where it near impossible for them to over again. Some of these individuals have had these businesses for decades and when kicked out will not be able to afford buying and starting again elsewhere. In theory I’d LOVE cool linear park near… Read more »
For the Record
Guest
For the Record

@Heather Projecting this to Pine Hills senior citizens is an irresponsible scare tactic worthy of DJT.

Andy
Guest
Andy

Record, projecting? Really? This has been addressed by Pine Hills residents along the creek and they are not happy one bit. I think you may qualify for that special place Heather us speaking of.

What\'s your point
Guest
What\'s your point
Not sure whose “own personal gain” you’re talking about, Heather. Building a Greenway is for everyone’s use. And the Greenway will be in what is now empty land — no houses, no buisinesses. There are no Pine Hills homes in the Peachtree Creek Greenway. No “businesses or homes” that will be “seized”. What are you talking about? Whose “lives may very well be ruined”? The property that the judge will decide on is property that’s been For Sale for many, many years and the owners (a lawyer and a real estate investor) saw dollar signs and increased the price. So… Read more »
Heather
Guest
Heather

On one of the recent PCG proposal maps it proposes replacing current businesses on and around Buford Highway with hotels, new high density apartment complexes, and Brookhaven owned property that is now privately owned.

Why would you spend the time and money to create a map that replaces current businesses if you didn’t want to do that?

Thomas Porter
Guest
Thomas Porter

The City OWES it to their constituents to put PCG debt on the November ballot. The timing is perfect, the support for PCG and debt never tested. It feels like the City doesn’t want to know.

For the Record
Guest
For the Record

You confuse our form of government.

A representative democracy is where a group of people vote for an elected official to represent them and make decisions on their behalf. … A direct democracy does not have elected officials, because citizens vote on their own behalf.

We are a representative democracy, and our Mayor and Council are representing us very well.

Thomas Porter
Guest
Thomas Porter

Yeah. Just ask all the people who USED TO think they were representing us well. A quickly growing number.
I’ll quote a smarter person’s question: “What are the reasons for NOT putting it in the ballot?”

For the Record
Guest
For the Record
I don’t use parks, so why should I pay for them; I no longer use the school system, so why should I pay for it; I don’t drive on your street, so why should I pay for it. We live in a society where we elect officials who hopefully take a broader and longer term view for the good of all. It doesn’t always work out, so we vote in 2,4,or 6 years and try again. Representative government has worked pretty well for 300 years and I trust our elected officials to take the long view. Referendums measure the near… Read more »
Thomas Porter
Guest
Thomas Porter

Super! We disagree. We ought to put it on the ballot. No reason not to other than the fear of undeniable proof.

Thomas Porter
Guest
Thomas Porter

One more question: you think Mayor & Council should have paused to check the citizen’s pulse before accepting the ‘Comfort Women’ memorial?

For the Record
Guest
For the Record

I’m not sure our little city should have weighed into an international debate. I don’t agree with every decision the Mayor and Council make, sometimes people see and hear the same facts, figures, data and still draw different conclusions.

Thomas Porter
Guest
Thomas Porter

Yeah. Ernst refers to them as the ‘silent people’. Enjoyed it.

Heather
Guest
Heather

They’re actually going to cut down trees that were previously safe and they’ll be adding more overflowing sewage to the streets by adding more density to an already overwhelmed sewer, but hey! – the watercolor renderings look nice. Lower taxes and higher property values for Brookhaven too, amirite? 🙄

Eddie E.
Guest
Eddie E.

No, as usual, you are not right.

What\'s your point
Guest
What\'s your point

Nope, you’re not right, Heather. How does a park and preserving greenspace add to overflowing sewage? How does a park and preserving greenspace add density? It’s very difficult to follow your train of thought, but I’m really trying here.

Heather
Guest
Heather

Because they are proposing putting in hotels and high density apartment complexes on and around Buford Highway to replace current businesses as part of the PCG plan- you can see the map here on The Post.

As Gebbia says, for every dollar spent, Brookhaven will make $6 from the re-development.

Sarge
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Sarge

We are a representative democracy, and our Mayor and Council are representing us very well.

BULL$H!T!

Stunned
Guest
Stunned
Wait a minute guys……this guy figured it out. We should all just trust the opinion of the guy who not only took the time to upload a photo of himself but had said time to do so in the first place. If that doesn’t scream I have my finger on the pulse on the city, I don’t know what does. Problem solved. But wait, should we put everything on the ballot? That sounds like a recipe for success. If there ever was a friend to innovation, its getting the individual approvals of thousands and thousands of people. That is defiantly… Read more »
Ferris Wheel Economics
Guest
Ferris Wheel Economics

If keeping things moving looks like a train rolling down the tracks with the smoke of burnt money boiling out of the furnace, sure.

Meet Our Mayor ...
Guest
Meet Our Mayor ...

… TAKE, Tax, Borrow, and Spend.

Alan C.
Guest
Alan C.

No one is taking anything. The city is paying for it. The idiot landowner caused this. Fool. We need the PCG. Big time. Our city depends on its success.

Danny
Guest
Danny

Says who and why?

Susan
Guest
Susan

Alan, I am going to make you an offer for your house. I know you don’t want to sell, but that is beside the point. You are going to have to take my offer no matter how unfair you think it is. So don’t complain. You wouldn’t be an idiot landowner would you?

That’s fair, isn’t it?

brookhaven2day
Guest
brookhaven2day

The property owner wants to pay taxes based on $50,000 value yet will only sell for 1 million, Either there is something wrong with the owners accounting or the owner is a crook. Don’t care much for eminent domain but when you are dealing with an unreasonable owner, not sure what the choice is. For sure, the owner should be paying taxes on an accessed value of 1 million$

Chad
Guest
Chad
Great argument B2Day. That’s what Fidel Castro and Che Gevara said, “Your sugar cane fields and industrial plants are now our sugar can fields and industrial plants.” What if the same mayor and council you’re now defending told you to your face 2 years ago they didn’t agree with Redevelopment Powers because of the lack of a public vote for public debt, and eminent domain. The new communications assistant’s first communique, “Somos del gobierno, y estamos aquí para ayudarte a mover tus cosas.” Good grief. Next they’ll want to build a conference center where the Chevron is, or a multi… Read more »
Dean
Guest
Dean

Hey Chad, talk to Joe, he will fill you in on the plans he and his son have for property owned by others all along Buford Highway. How you guys liking the direction of your city now?

Heather
Guest
Heather

I wonder if the Airbnb’s in the area that Joe promotes will pay the same hotel/motel tax?

Reality Is ...
Guest
Reality Is ...
Only 3 of the 19 acres are build able. A tax assessment of $1 million is a ridiculous assumption. A cost of $1 million for the PCG is absolutely fair and reasonable for the seller to ask. The city will be exempt from property taxes. That is only $52,631 per acre. Supply and Demand – Capitalism at it’s finest. I don’t blame the seller. Cities accounting of the whole situation doesn’t hold water or justify eminent domain. The profit to the city far, far exceeds $1 million. At least that is what they keep telling us. Before city hood I… Read more »
Doesn\'t Surprise Me
Guest
Doesn\'t Surprise Me

Same goes for Hawks Players Facility, LLC. They could have sold the land to CHOA and reaped the benefits of a larger tax digest, instead of giving the tax revenue away. Whoa, wait a minute, they did the exact same thing to CHOA and they don’t pay any taxes either.

So we gave away $50M over the next twenty years, but PCG supporters are urging us to get comfortable with eminent domain because the city can’t get the owner to lower his price through fair and honest dealing.

Jeff
Guest
Jeff

Except, per the article, the property owner did want to sell it. The property owner listed it, marketed it, and only when the City expressed interest decided to double the price even while arguing to the county that it’s only worth $50,000.00.

I had a dog and his name was....
Guest
I had a dog and his name was....

Bingo! Perfectly stated.

Oh well
Guest
Huey Mahl
Guest
Huey Mahl

Exactly. Not exactly sure why everyone is getting their shorts in a wad over this. It is swamp land being marketed for sale and looking to extort the taxpayers. Everyone’s outrage should be aimed at the landowner, not the government.

Ellen
Guest
Ellen

Exactly.

JMB
Guest
JMB

how can you be mad at a private citizen that does not want to be compelled to sell his own property? I would like to think I lived in a country where I was free to make my own decisions about my finances. If I don’t want to sell my property to the government then my business. If I don’t want to sell my property to people who wear blue hats then my business. My business, my pursuit of happiness. Why take that away from someone just because it benefits you?

Huey Mahl
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Huey Mahl

Thank you. Lots chicken little’s on this board today. This is exactly what a local government is for – providing local services, parks, and local control. Looks to me like a landowner just trying to game the system.

Heather
Guest
Heather

Nice to see that the Pro-Greenway peeps continue to be as classy and civil as always.

Eddie E.
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Eddie E.

If you want a more controlled, adult discussion, stop making stuff up.

Heather
Guest
Heather

Look at the maps or talk to any number of people in the Pine Hills neighborhood that fought them trying to take both sides of the creek. It’s interesting that you guys accuse me of me of making stuff up and trying to scare senior citizens when in reality I was one of the last people in Pine Hills to find out and I was informed about a lot of it by- wait for it- senior citizens.

Eric Robert
Guest
Eric Robert

No people, residences or businesses are being displaced if this parcel is purchased. And its acquisition could greatly benefit the water quality and stormwater management abilities of the creek plus offer opportunities to improve the sewer issues along the creek.

Resident
Guest
Resident

How?

Andy
Guest
Andy

“And its acquisition could greatly benefit the water quality and stormwater management abilities of the creek plus offer opportunities to improve the sewer issues along the creek.”

How so? The county already has easements for a sewer trunk line and all the sewer feeder lines. How will Brookhaven’s stealing this land make Peachtree Creek more pure? As for storm water, Brookhaven isn’t capable of doing a darn thing except talk.

Eric Robert
Guest
Eric Robert

Andy, as a part of purchasing approval process of this parcel the City’s feet should be held to the fire to come up with a preliminary design plan that would kill 2 birds (or 3) with one stone by building good storm water detention areas along with the trail and at the same time have the county come in and increase the capacity and condition of the sewer line in this area.

Chad
Guest
Chad
News Flash, Eric. Hotel/motel taxes can’t be used for Stormwater or Sewer. To include stormwater enhancements on this project would require a public vote, which is why we’ll get neither. Sewer spills occurring because they are overflowed with stormwater from Brookhaven’s crumbling piping system is, apparently DC’s problem, and nothing you, or me, or anyone else should be worried about. Love where your head’s at though. Once the entire populace figures out there is no fix for storm or sewer with the build out of the $25M PCG, perhaps then, it’ll be placed on the November ballot. But until then,… Read more »
Eric Robert
Guest
Eric Robert
I never said the funding should come from the hotel tax, which by the way I opposed as I also oppose having a development authority, not that I had a say or vote in it (unfortunately Development Authorities are hardly unique to Brookhaven). I am saying that Brookhaven shouldn’t build the greenway until they and/or DeKalb also come up with meaningful storm water management improvements that would be done in conjunction with the greenway trail. If it takes longer to find the funding for that portion, fine, hold off on building the greenway on this parcel. If they are going… Read more »
Grow Up Little E
Guest
Grow Up Little E

You mean like your delusional nightmare Trump colluded with some secret Russia Deep State?

Eric Robert
Guest
Eric Robert

“Trump colluded with some secret Russia Deep State” What in the world are you talking about?

Heather
Guest
Heather

How am I “making stuff up” by referencing their official maps of proposed business and property changes?

#gaslighting

Eric Robert
Guest
Eric Robert

Heather was something I said rude?

Heather
Guest
Heather

I was replying to Ellen’s nasty insult about me– it appears as though her post has since been removed.

Eric Robert
Guest
Eric Robert

Heather, yea hard to tell what’s responding to what. Thanks for the clarification.

Huey Mahl
Guest
Huey Mahl

Not sure which board you are reading. The sarcasm and name calling seems to be owned by the anti-eminent domain folks.

Samantha
Guest
Samantha

Keep calling it a park, Huey. Make sure you say it into a microphone. The plaintif will be able to use that in a lawsuit. Parks are a city service that John Park said must be voted on.

JMB
Guest
JMB

No one is taking anything? If I walk into your house and take your TV set, but leave you a check for $500.00, I’m still taking your TV set. Paying has absolutely nothing to do with it if the transaction is not agreed to on both ends. Where the hell do you get your market knowledge from?

For the Record
Guest
For the Record

The Fifth Amendment gives government this authority. So if you believe in the Constitution, you should believe in the entire Constitution. Through due process, land can be taken for the public good with fair compensation. BTW this is the US Constitution.

OMG
Guest
OMG

That’s your argument? What a stretch! A first year attorney can win this in court if that’s all you got. Public good – my behind!

Heather
Guest
Heather

I’m at a place where I’m starting to believe that a lot of these people know that they’re lying and are just gaslighting everyone.

OMG
Guest
OMG

BINGO!

Heather
Guest
Heather

Define “public good” because I’m pretty sure a lot of people don’t see the government turning parts of Buford Highway into “Buckhead 2.0” as some are promoting as an act of greater good. Just because *some* people have said they’d like to see a Starbucks replacing current businesses they feel are ugly does not constitute “public good”.

For the Record
Guest
For the Record

Over the years District 4 residents have lit this website up with comments about the need for green space in their locale. Now that the city is making progress on increasing green space in the district those same individuals are silent. Our city officials need to be encouraged to take action.

Nancy W.
Guest
Nancy W.

This isn’t about green space, it is all about economic development and changing the demographics of Buford Hwy.

Dean
Guest
Dean

Amen. That’s what Brookhaven Yes promised they would do.

Ellen
Guest
Ellen
There is nothing wrong with economic development and allowing property to conform to its highest and best use. If I lived in D4, I would welcome this development with open arms. There is no good reason to cling to the status quo of unrealized progress and economic development. If an existing business is not economically feasible in the existing area, then it needs to relocate to an area where it would be economically feasible. That is how a free market economy works. No one forced the individuals who started businesses to start in a location obviously suited for higher development.… Read more »
Heather
Guest
Heather
Pine Hills was created around 1950 and many have been around thirty, forty, even fifty plus years! Some businesses were formed in the 70’s and 80’s– how can you say with a straight face that these people should have known decades and decades ago that Brookhaven was going to become a city that wanted the gov. to potentially seize properties and pave backyards? And how do you know that these businesses *aren’t* profitable? Just because there’s not a big Starbucks sign out front doesn’t mean a restaurant is failing. I guess this is hard for people in some of the… Read more »
Kim
Guest
Kim

And just to 2nd your general point I’ve noticed over the decades that the restaurants on BuHi have a longer life cycle than the boom and busts on Peachtree, especially in Town Brookhaven. One of my neighbors operated a Chinese restaurant in now Brookhaven for nearly 30 years. Anecdotal but that’s what I’ve seen.

D1 Resident
Guest
D1 Resident

Don’t worry, we are working with Joe to disrupt that business cycle with city codes, extreme enforcement measures with the health department’s cooperation, intimidation and anything else available at our disposable to force redevelopment of the Buford Highway corridor. Give it two or three years and your government will prevail. Brookhaven working for D1! You voted for it, you know who we are and we are going to get it for you!

Ellen
Guest
Ellen

I’ve lived here since the 80s, Heather. It has always been obvious to me that Brookhaven would become what it is today. If the businesses you speak of are profitable, they they’ll stay. If not, they won’t. It’s that simple. Economic development is going to happen.

Dean
Guest
Dean

For the record, there are just a handful of people that want the PCG, for the record.

Janine
Guest
Janine

Soooo right! There are a handful!

For the Record
Guest
For the Record

Therr were a small handful of dedicated individuals with a vision who promoted the Atlanta Beltline and the New York Highline. Both projects are successfully transforming the neighboring communities. And while the challenge of maintaining affordable housing exists, both ATL and NYC are working to create a diverse housing environment.

Oh well
Guest
Oh well

There’s a large group of dedicated individuals who’ve been begging for a Parks Master Plan implementation since before day one of cityhood.

Why isn’t that on the November ballot?

Janine
Guest
Janine

There was a small group of visionary individuals in Jonestown… uh oh, that didn’t work out well. The Atlanta Trolly was started by a small group of… oh nevermind. Nobody on the council or the PCG proponents are visionary no matter what they think.

Stunned
Guest
Stunned
Thank you – this is the best comment on here. The only problem is that I think the examples will be lost on the people on this thread. Its like listening to 4 year olds state how much they hate anything different before they try it. This website is populated with people that want to live in the same house, drive the same car, live next to the same people, shop at the same stores and never, ever want something to *gulp* be different than what they are used to. For the life of me I can not understand why… Read more »
Eddie E.
Guest
Eddie E.
While I like living in the same house I have for decades, driving a car I enjoy and shopping where I don’t have to waste valuable time looking to see where the marketing geniuses have moved what I came to buy this week, there is a very important kernel in your statement. CLEANING UP THE WATERWAY. Peachtree Creek should be clear of contaminant sources on both banks by two to three times the width of the current buffer. The current property owners have the same ability to come withing full compliance to prevent contamination of stormwater runoff but that has… Read more »
Heather
Guest
Heather

You sound like some of the local wannabe environmentalists that say people shouldn’t own dogs next to the creeks because we’re “contaminating the local water supply”. Sigh. 🙄 Moving here from one of the most liberal and pro-earth places in this country I never cease to be amazed by some of the strange rationalizations people come up with around here to push their agendas.

Eddie E.
Guest
Eddie E.

You do realize that preventing contamination of stormwater runoff is THE LAW don’t you?
Maybe you should concentrate on the world you can’t see in the mirror.

Heather
Guest
Heather
And what about the countless people that use fertilizers, insecticides, and herbicides on their lawn? We *don*t (and you can tell by looking at it 😂) but owning a mastiff next to a creek in Pine Hills is contaminating the water and breaking the law? Give a flipping break. Whenever there are heavy rains- or rain at all following a drought- the sewer overflows spewing gawd knows what everywhere- including into the creek. We’ve donated thousands and thousands to a wide variety of causes including environmental Eddie and I’m sorry for you that you see everyone with a different opinion… Read more »
Ferris Wheel Economics
Guest
Ferris Wheel Economics

We did. We have a Parks Master Plan, and the majority of the city support to show for it. It’s no wonder you’re stunned. Most of us know the city can’t do all the things it promises.

The City of Chicago has debt totaling 1/2 of it’s annual $30B in Tax Revenues. The City is promising to build a wonderland that will create debt 4 times larger than ours.

So in the language you understand, “You can’t have the cotton candy and the hot dog. You’ll get sicky.” And, by the way, all those people you described vote.

Heather
Guest
Heather

Speak for yourself- I’ve lived all over this country and know fibbing and gaslighting when I see it.

What\'s your point
Guest
What\'s your point
Sorry, Dean, the facts show that hundreds, even thousands of people support the Peachtree Creek Greenway. ON the record, people voiced their opinions at many, many public meetings and hearings. DeKalb County and the PATH Foundation (back in the late 1990’s) created a multi-use trail system for the entire county and hundreds of citizens were engaged with that process. The PCG is listed as the “North Fork Trail” in that plan. Luckily, these plans were dusted off and the PCG will become a reality! All of the City of Brookhaven’s citizen-supported and engineering-based plans— The Parks and Rec Plan, The… Read more »
Baaaahaaaaawhaaaa
Guest
Baaaahaaaaawhaaaa

Thousands of people? You were lucky to get 10-12 people at each meeting. Many of them duplicates and a total of, lets say, 350 out of 50,000 to participate in the entire process. There was more opposition participation in the Connolly project denial request.

Eddie E.
Guest
Eddie E.

Probably because what is said is common sense encouraging compliance with the law, don’t you think?

D-4
Guest
D-4

I am in D-4 and I just wish the PCG was done yesterday. I can’t wait.

PSDad
Guest
PSDad

@ “District 4 residents have lit this website up with comments about the need for green space in their locale.” District 4 = Chicken Little…

Danny
Guest
Danny

This isn’t the only one they are looking to ED. Two property owners on Dresden who don’t want to sell are also being considered.

Susan
Guest
Susan

Yeah Danny, and that guy on Toby with the deep lot and the creek going through it between Skylanders and Parkridge had better watch out. It would make a great park with a creek. The city is looking at just that kind of property.

What\'s your point
Guest
What\'s your point

Am trying to picture where Dresden overlaps with the Peachtree Creek Greenway. Oh, right, Danny. It doesn’t.

Danny
Guest
Danny

Get a clue WYP- It has nothing to do with overlapping with the PCG. It has to do with more planned and soon to come eminent domain seizures of private property. You know where they are.

PSDad
Guest
PSDad

Chicken Little

Tom Reilly
Guest
Tom Reilly

“Eminent Domain” is a tool, and a tool is no better than its use. Some years ago the Reapportionment Powers Act was presented to Brookhaven. The RPA would have been a potential abuse of eminent domain, focusing on the age of most of the structures within our city instead of the needs of its citizens. The Act was rightly struck down. Proceed with caution, City Council!!–Tom Reilly

Curious
Guest
Curious

What are you going to write when the property owner exercises their right to sell to a developer for a multifamily project and the trees have to be sacrificed for the sake of progress. What position will the National Wildlife representative take at that time?

BTW I assume you mean “Redevelopment and not Reapportionment”.

Steve Walker
Guest
Steve Walker

Does the proposed area include the trailers and parking lot near that site ?

Andy
Guest
Andy

Steve, that’s a Mosque! You just don’t want to go there with any talk of eminent domain. That would be a batcrazy move by the city!

Burke Brennan
Guest
Burke Brennan

No trailers, but a lot of other stuff. Details and public input are outlined here:
http://www.brookhavenga.gov/home/showdocument?id=3850

Heather
Guest
Heather

An edible garden on the creek? Seriously? Gawd I hope they have the CDC inspect that.

Barbara
Guest
Barbara

This is 100% wrong. This is also what happens when you get only one choice for mayor and one finalist for city manager. If the owner doesn’t want to sell then so be it. Using Emminant Domain is not right. Just doting it by cloning it isn’t usable is even more wrong. If they do this, what’s stopping them taking someone house next?

What\'s your point
Guest
What\'s your point
Heather
Guest
Heather

They also said they would not be using eminent domain and look how long that promise lasted. 😕 Sadly I don’t think it’s unreasonable for people to fear that the city will continue to break their word.

Eddie E.
Guest
Eddie E.

Well, at least they aren’t collaborating with russia.

Ellen
Guest
Ellen

LOL.

Huey Mahl
Guest
Huey Mahl

Strawman argument. NO houses involved, hypocritical landowner who could not sell to the public at one price, upped the price to the city by $400k, and then argued to the county the land is only worth $50k.

There are abuses of eminent domain. This is not one of them.

Saul
Guest
Saul

That property has been valued by the county for $414,200 since 2006, not sure where you get the $50,000 number from. Truth be told, this is a misuse of the eminent domain provisions allowed government. The people using the eminent domain card for this property are people that would take advantage of you in a heartbeat. Keep your eyes and ears open in this city.

Huey Mahl
Guest
Huey Mahl

Read the article (paragraph 8). The landowner himself is trying to have the land valued at $50k for property tax purposes.

Saul
Guest
Saul

Huey, you want aces and kings but is does not mean one damn thing unless you get them. Well, Huey, did you get them? Did the property owner win his property tax protest? Well Huey? DID HE?

Just what do you use that space between your ears for? Use it to rip off the name of an interesting Las Vegas individual for your nobody self?

Ellen
Guest
Ellen

Step away from the crack.

Saul
Guest
Saul

Sorry Ellen, can’t, I just love women.

Alan C.
Guest
Alan C.

Peachtree Greenway make me excite. Whatever it takes to get it done or who ever has to be screwed over, let’s get it done. This is good for the economy and good for Brookhaven. Plus it will help clean up the creek. Let’s do it.

Saul
Guest
Saul

Said just like a Brookhaven Yes man from D1.

Dog walker
Guest
Dog walker

Sorry, I missed something. Who, Alan C., is getting screwed over by building a new park for kids to ride their bikes on and moms to push a stroller? The commercial property owners can’t build in it anyway and the apartment owners will have a great amenity near their property.

Alan C.
Guest
Alan C.

Well. No one is getting screwed over except he taxpayers who have to pay the bill. Oh. And the natural environment that gets replaced with a 10 ft wide impervious concrete trail. But hey. Let’s do it because the Brookhaven Johns want it. I’m cool with that. Even though it should be more appropriately named the Brookhaven Poopie trail because that’s what everyone will be smelling when the 18 people who will use stroll their little bundle of joy along it.

Burke Brennan
Guest
Burke Brennan

Brookhaven residents are not picking up the tab on this. The property in question is being purchased with HOST funds, and the PCG development is being paid for with the new Hotel/Motel tax legislation that the governor signed into law last month.

Spin Doctor
Guest
Spin Doctor

Host funds that should be going to the existing parks and storm water needs as promised. Sorry Burke, they have you under their spell.

Hunter Burke
Guest
Hunter Burke

Mr Brennan: we’re generally a smarter lot than to believe the Mayor & Council & YOUR spin. I actually feel sorry for you in your role. The city is stealing people’s property, will indebt us all, ignoring basic services simply to gratify egos and political gains. Shame on you all! Betsy’s Folly indeed!

Stunned
Guest
Stunned

Are you actually complaining about babies being walked in strollers in a park. Did you move from whoville with a heart three sizes to small?

Heather
Guest
Heather

Remember when almost everyone here called me a wackadoo with paranoia problems when I said this was going to happen? 🙄

I’m sorry to be right though because this is only just the beginning. 😕

Andy
Guest
Andy

Oh yes Heather, just wait till Brookhaven eminent domain makes its way down to Pine Hills residents that own property along Peachtree Creek. And I mean both sides of the creek that are privately owned and residential. Once that happens there will be more property aquired by eminent domain abutting Remington Road for access to Murphey Candler.

Put “Betsy’s Folly” up for a vote Brookhaven. Brookhaven, show that you represent the residents, and not the Brookhaven special agenda elite! Whose property in D4 is next?

Dog walker
Guest
Dog walker

Facts, please, Andy, not scare tactics by throwing in a neighborhood. Sheesh. There’s no single family homes in Brookhaven that have property that’s part of the Peachtree Creek Greenway. It’s all commercial, office space, institutional, and a few multi-family complexes.

Andy
Guest
Andy

Put a leash on that dog and walk him down the north side of the Peachtree Creek bank from West Druid Hills to Green’s and tell me you know just what the hell you are talking about. Knock on a few doors along the way and see what they have to say.

Dog walker
Guest
Dog walker
My dog loves that walk from West Druid to Green’s, Andy, but there’s not one single house on it. A few Canadian geese, TONS of trash and tires, but not one single house. If there were, wouldn’t the driveways come onto Buford Highway? Or West Druid Hills? I see Sun Tan Plaza, cross under to the Latin American Association, couple of gas stations, all the way to Green’s Liquors, but… nope! No houses! Not part of the plan. But, gosh, keep trying to worry folks with baseless concerns. Tell them someone’s gonna steal their TV set and carry it off… Read more »
Heather
Guest
Heather

How do you feel about their proposals to replace some of those businesses in that area?

Ellen
Guest
Ellen

That is a blighted and unattractive area. It would be great to replace the blight.

Heather
Guest
Heather

That’s interesting because my house was appraised at $850,000 and others in the neighborhood are going for a million +. But it’s always great to hear the D1, anti- D4 condescension.

ellen
Guest
ellen

So you’re saying that the buildings along Buford Highway between NDH and Lenox are attractive? Get outta here!

Pamela B.
Guest
Pamela B.
You get outta here Ellen and take your materialistic ideals with you. Lots of little businesses on Buford Hwy have done renovations and cleaned up their store fronts. Some don’t even own the building but put their money into the project. Many rent from an absentee landlord that doesn’t care a thing about Brookhaven. A big part of this is due to the BPD, code enforcement and the BuHi movement. People are starting to feel included for a change because of the BPD and have been given the time to have things explained to them in a manner they can… Read more »
ellen
Guest
ellen

What does observing the appearance of buildings have to do with having a heart? Yes, some of the buildings have cleaned up their act, but more have not. I stand by my post.

Heather
Guest
Heather

I would suggest you look at the proposed changes on the redevelopment map and reference them to the actual buildings in question. You might be surprised at how little you find wrong with some of the buildings they’d like to replace.

Heather
Guest
Heather

Look at the satellite view on google maps.

Andy
Guest
Andy

The houses are on the north side of the creek and want their privacy respected. Apartments, townhomes and five privately owned parcels on the south side for the city to use ED. That’s going to be fun to watch.

Andy
Guest
Andy

Just a note, PCG wanted the north side of the creek but that was derailed by Pine Hills residents. But you choose to ignore that bit of information.

Heather
Guest
Heather

Derailed. . . *for now*.

That whole swearing against eminent domain thing lasted long, obviously.

Heather
Guest
Heather

The trees are probably too full now but in the late fall, winter, and spring people can get a good view from places like the Latin American Association parking lot.

Eddie E.
Guest
Eddie E.

When did anyone stop?

Kiss my grits
Guest
Kiss my grits

What I would do is say eff the city and declare it a conservation easement and give them the one finger salute.

Dog walker
Guest
Dog walker

1. The property (owned by an attorney and a real estate investor) has been for sale for years but is unbuildable. 2. The city offered the appraised value. 3.The sellers jacked up the price when they found out the city wanted to buy it. 4. Let the judge decide the price.

Sarge
Guest
Sarge

BULL$H!T!

You thank the property owner was just going to give the property to the bio mass company for the project back in 2010?

DROP AND GIVE ME TWENTY!

Dog walker
Guest
Dog walker

I don’t understand, Sarge, which point your disagreeing with. The city is willing to pay for a fair price. Cities are not allowed to pay more than an appraised value for land that is for sale. This land is for sale. The seller wants a LOT more than the land is worth even thought the land isn’t build able or usable except for parkland. Letting the judge decide is a wise, legal, open and fair way to progress the sale.

Oh well
Guest
Oh well
A fair price is decided between a willing seller and a willing buyer. A contract is finalized after reaching an agreement based on consideration and an offer of the agreed upon asset’s value. Look it up. It doesn’t matter how much you try to twist Mayor and Council’s ACTIONS as one-time only events, only effecting commercial and industrial property owners, they’re using eminent domain, and all its authoritarian power, and hope everyone will forget what Blank Check J has been doing for 2 years. They will not put the PCG, or a Parks Master Plan bond (which has already been… Read more »
COMRADE 632
Guest
COMRADE 632

COMRADE DOG WALKER WE NEED MORE COMRADES THAT THINK LIKE LIKE YOU IN BROOKHAVEN WHERE EVERYTHING BELONGS TO THE PEOPLES!

Ashford Park Resident
Guest
Ashford Park Resident

What if the owner says to himself, hmmm, this PCG may be a boon for me so I just want to keep the property and see what the future brings! Why can’t they? Taking someone’s property because a few people in a city want it is plain wrong.

What\'s your point
Guest
What\'s your point

“Boon for me”… How? The land it’s unbuildable. The owner has broken off and sold any piece that was build able.
“….few people”…. the PCG is part of multiple master plans, starting with DeKalb County in 2000. Hundreds of DeKalb citizens worked on that plan and hundreds of Brookhaven citizens worked on the many plans, meetings, surveys, etc. that endorsed the Peachtree Creek Greenway.

Ashford Park Resident
Guest
Ashford Park Resident

“Hundreds of DeKalb citizens”, not Brookhaven citizens. There are over 51,000 citizens in Brookhaven and the 5 or 10 PCG proponents can’t get but 15 or so people to take their walks. This PCG is being forced on Brookhavenites and now includes theft of land. Carpetbagging.

Eddie E.
Guest
Eddie E.

FORCED……….DRINK!!!

Amanda
Guest
Amanda
Yes Eddie, forced. Once you got your precious PDK green space you did a complete flip flop. Roadworx keeps increasing the size and damage to that tract and ya’ll just sit back and continue to let it happen. Until the PCG is on a ballot we are being forced. The initial concept of the PCG was to create a vision to be executed by the private sector for development NOT for the taxpayers to fund and build the entire thing and THEN let the developers profit from it. The mayor and council are ruining this whole project with their misconceptions,… Read more »
Janine
Guest
Janine

Go Amanda!

Eddie E.
Guest
Eddie E.

Yes, sounds like ‘milton county’ is calling.

Dog walker
Guest
Dog walker

Amanda, you might be confusing the Brookhaven & Chamblee sections of the Peachtree Creek Greenway. In Chamblee, when Century Center was annexed into Chamblee, the zoning district requires new development must include public greenspace and the greenway for public use. it will be about 1 mile long through Chamblee near I-85. Brookhaven’s 3-mile portion is using the hotel-motel tax as a funding source.
What is your view of the BeltLine? Ever been on it? I think the mayor and council are doing a great job. It’s sure easy for you to throw tomatoes at them from your couch, though.

Amanda
Guest
Amanda

Poor attempt to deflect Dog walker. I’m not confusing anything. Yes, I have been to the Beltline. Scary!!!

Eddie E.
Guest
Eddie E.

Scary?
Do polite successful people scare you?

Brittany Mother
Guest
Brittany Mother

No Eddie, it’s the other people that scare me. Not everyone is nice and polite. It’s also not a place I would want to be after dark.

Ellen
Guest
Ellen

You don’t have to go there….

Brittany Mother
Guest
Brittany Mother

The Beltline is just too crowded and I had rather take a walk or bike ride in my neighborhood. But in my neighborhood I have to watch out for golf cart drivers that have a little too much to drink. Good thing we dont have regular police patrols or there would be a lot of golf cart DUI’s.

Eddie E.
Guest
Eddie E.
Amanda, if you think ANYBODY is happy with crumbling road works, you are delusional. That problem lies with the former airport director who decided it was ok for them to be there with no lease and no cost. The sooner the scoop up their ‘un-permitted dump’ the better. The notion of ‘private sector development of green space’ is like “better cheaper healthcare that will be yuuuuge” or in other words non-existent. The only way to have green space is to keep rapacious developers as far away from it as possible (kinda like what can happen with this property if further… Read more »
Susan
Guest
Susan

Eddie, Road Worx occupied that land at the request of the City of Brookhaven. The airport manager just did them a favor.

Eddie E.
Guest
Eddie E.

No, crumbling road worx WAS NOT invited by the City of Brookhaven.
Provide any documentation to support your assertion.

Ellen
Guest
Ellen

Amen.

Huey Mahl
Guest
Huey Mahl
You may think it is wrong, but that is the way the law works. Goes back to English common law. Public benefit always outweighs private desire. Eminent Domain is a well settled principle. In this particular case, I don’t see anything wrong with its exercise. Clearly you disagree. That is why we have the courts and represented officials. You don’t like it, you can join me and the rest of this board in making impotent comments into the ether. Or you can join the political process and run for office or support someone who shares your values.
Sonja
Guest
Sonja

How about the current elected officials say what they mean and do what they say without changing course mid stream or trying to concoct a new version of what they said prior? It would be refreshing.

Heather
Guest
Heather

Exactly.

Land of Dumble
Guest
Land of Dumble
“Public benefit always outweighs private desire. ” Yes I like it, by that logic would not the greatest public benefit be if the city actually owned every square foot of property within the city limits. The city could charge rent and and what not for everything! Literally control every square foot of the city. Decide who is a desirable citizen, and who is not. Maybe only allow millionaires, (they are the only ones that truly deserve to be here after all, I mean with all they take, I mean do, and what not). Maybe elect a demagogue. It will be… Read more »
Huey Mahl
Guest
Huey Mahl

Private ownership, well regulated, is to the public benefit. All the other points are just straw men and red herrings.

How bout dem apples?
Guest
How bout dem apples?
Pissed at Brookhaven
Guest
Pissed at Brookhaven

Baby Huey – this isn’t for a road, or utility easement bringing necessary things to underserved areas, this is a poop filled creek that will be crime ridden & overwhelm our already understaffed police. It’s the idea of a handful of people. Eminent domain is not a reasonable tactic for this.

Tom Reilly
Guest
Tom Reilly

Some years ago the Reapportionment Powers Act tried to force eminent domain on all structures over forty years old in Brookhaven. Thanks largely to the efforts of Catherine Bernard, the measure was shot down. Be careful, Brookhaven!!

Nature Boy
Guest
Nature Boy

Someone just had a dose of common sense! Wow! How neat is that!

Concerned Citizen
Guest
Concerned Citizen

From my understanding, most of the residents and businesses in what is district 4 never wanted to be part of the City of Brookhaven in the first place, although some did believing they were on the same level as other districts. But either way, the people get what the people want.

Ashford Park Resident
Guest
Ashford Park Resident

Brookhaven – where our dreams will be yours, like them or not.

Lonnie Smith, CPA
Guest
Lonnie Smith, CPA

Catherine Bernard. What say you? “THE RPL MEANS YOUR PROPERTY RIGHTS ARE IN JEOPARDY: Any property in Brookhaven can be seized and repurposed by the government”

COMRADE 632
Guest
COMRADE 632

LONG LIVE THE PEOPLE’S SOCIALIST REPUBLIK OF BROOKHAVEN WHERE EVERYTHING BELONGS TO THE PEOPLES.

Eddie E.
Guest
Eddie E.

People’s Socialist Republik…….hast trump declared martial law?

His Eminent\'s
Guest
His Eminent\'s
NO ONE should be able to take a private property owners property just because they have decided they want it. The stupid Peachtree Creek Crapway is not a NECESSITY – such as a highway. It is a lipstick on a pig project made possible by the Brookhaven John’s and friends. This property owner should sue these bastards and while he is at it, and like someone else said, declare the land as a conservation easement and tell Brookhaven to go pound sand. Eminent Domain The power to take private property for public use by a state, municipality, or private person… Read more »
Stunned
Guest
Stunned
“Peachtree Creek Crapway”…..I see what you did there. So witty and playful . You sound like you are full of great ideas, I have to know what you think should be done with the creek that is currently sitting there collecting trash. Oh and the way you just stated “you are all dismissed” at the end there – again bravo, you are really sticking it to them, right after you cut and pasted something about the legal theory of Eminent Domain from this site: http://legal-dictionary.thefreedictionary.com/eminent+domain I mean you have all the moves, you really have this internet thing down.
4 healthy lifestyle
Guest
4 healthy lifestyle
The landowner is NOT using the land and most is undevelopable. Clearly he’s an opportunist and trying to take advantage of the situation and the city. I am looking forward to the greenway and the benefits it will bring the city. Why all of the nay Sayers? Unincorporated Dekalb is also in favor of the greenway, not only Brookhaven. We should be forward thinking and incorporate walkable, bikable corridors into our city infrastructure instead of just driving everywhere. Anyone try riding a bike on clairmont or Buford highway? Anyone have another solution to minimize congestion and pollution on our roadways… Read more »
Speicial Interest Distraction
Guest
Speicial Interest Distraction

@4LS

Let’s put a PCG referendum on the November ballot, that would require an entire list of projects which the PCG doesn’t have for a reason (Blank Check J). Then you can see the majority you, and OTR, continue to espouse, but can’t prove.

While you’re at it, put the Parks Master Plan on the ballot which the majority of the city voted for as criteria for new cityhood.

Why’s everyone so scared to put PCG on the ballot?

His Eminent\'s
Guest
His Eminent\'s
“The landowner is NOT using the land and most is undevelopable. Clearly he’s an opportunist and trying to take advantage of the situation and the city.” So what? It’s his. Not your’s or the city’s. He can just leave it sitting there if he wants. By that logic you are saying for example – My neighbor has a backyard they don’t use. I think I should have it so I am going to eminent domain it. Even though it belongs to them. NO ONE should be able to take a private property owners property just because they have decided they… Read more »
Huey Mahl
Guest
Huey Mahl

Classic straw man argument. When Brookhaven tries to take someone’s back yard, come talk to me. I will stand right beside you in moral outrage. Until then, I’m backing the city. This is a perfect and perfectly lawful use of eminent domain to serve a public purpose. You may not like the public purpose, but that is why we have elections.

Thai Fight Club
Guest
Thai Fight Club

“Straw man argument” for eminent domain? Eminent Domain rejection doesn’t need a straw man. It’s bad enough in all it’s forms, especially this one.

COMRADE 632
Guest
COMRADE 632

COMRAD 4 I AM WITH YOU. THAT LAND BELONGS TO THE PEOPLE OF THE SOCIALIST REPUBLIK OF BROOKHAVEN!

Ellen
Guest
Ellen

Yes^^

Howard S
Guest
Howard S

It is his land, undeveloped or not the city should not be able to “buy” it. Rein in the governmental overreach!

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