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Council authorizes condemnation process to acquire permanent drainage easement at 5201 Albert Drive
Summary
Citing public necessity and an inability to secure an easement agreement because the property owner died without a will, Forest Park authorized staff to proceed with condemnation for a permanent drainage easement at 5201 Albert Drive in the Thirteenth District.
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Forest Park Mayor and Council on April 21 authorized staff to pursue condemnation proceedings to acquire a permanent drainage easement at Lot 78 (5201 Albert Drive) in the Thirteenth District.
City staff and representatives said the owner of the parcel died intestate and no one currently can execute an easement agreement, so the fastest method to obtain permanent drainage rights is a court-authorized condemnation process. Roger Carter, representing Colliers Engineering, told the council the process is intended to be "friendly condemnation," procedural rather than adversarial, to clear title and allow the city to secure necessary drainage rights.
Authority cited and legal note The staff report cited Georgia law as authorizing condemnation proceedings (the presentation referenced OCGA language in the packet), but no exact statutory citation beyond the staff wording was provided in the public presentation.
Council action The council voted to approve the acquisition and proceed with condemnation for the permanent easement. The vote was recorded as unanimous in favor.
Clarifying context Staff said Colliers Engineering has been conducting outreach to acquire easements by negotiation; the owner's intestacy is the stated reason the city cannot obtain an executed easement agreement without court action.
Ending Staff will move forward with the condemnation filing to obtain permanent drainage easement rights and return to the council with related documents as required by the court process.

