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Bryan County approves condemnation resolution for right‑of‑way after owner objects; vote 3‑1

2116543 · January 15, 2025
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Summary

The board authorized a declaration of taking and to begin condemnation proceedings to acquire property interests needed for a regional force main and highway project; the motion passed 3‑1 after owner Clara Bearden urged continued negotiation and said she has an attorney.

Bryan County commissioners voted 3‑1 on Jan. 14 to approve a declaration of taking and to authorize condemnation proceedings to acquire property interests needed for a regional force main and highway project.

The resolution concerns tax parcel 023‑5 (recorded as being in Bullock County in the agenda materials) and affects property owners Clara Bearden and Richard E. Olive. County attorneys and staff told the board they have negotiated for months with the owners but had not reached agreement and obtained a third‑party appraisal valuing the required interest at $70,700.

Clara Bearden addressed the board during public remarks, saying she had legal counsel and expressing concern about the process; during her remarks she said, "I do have an attorney." County counsel explained the statutory condemnation procedure: the county would deposit the appraised amount into court as required, and the property owner may contest the valuation in court and present higher appraisals.

County staff and counsel emphasized they remained open to negotiated settlement but said obtaining the property interest was necessary to proceed with the highway and force main work; the county attorney recommended authorizing the condemnation steps to secure the rights while negotiations continue.

A motion to approve the declaration of taking order and authorize the county attorney to initiate condemnation proceedings was moved and seconded and passed by a 3‑1 vote. The board recorded no other settlement at the meeting; county staff said any settlement above the deposited appraisal would require future board approval.

Background: The condemnation item is tied to the county’s larger infrastructure projects. The board instructed staff and counsel to continue negotiation and to return with any settlement requests that exceed the appraisal being placed into court.