Norcross council authorizes condemnation actions for Greenway parcels amid ongoing negotiations

The Norcross City Council voted to proceed with condemnation-related actions for multiple parcels needed for the city’s Greenway project, after staff outlined negotiated offers, appraisals and attempts to obtain lender consent.

City staff described three separate items for the Greenway project. For Parcel 58 staff said there are two components: a temporary construction easement of 2,767 square feet and a permanent right-of-way area of about 25,000 square feet. That parcel was appraised “in the neighborhood of around $120,000,” and staff said the property owner agreed to a $140,000 contribution. Staff added they could not obtain consent from two lenders listed on the title and therefore sought council authorization to move forward with condemnation procedures while continuing to pursue a negotiated sale.

For another parcel (identified in the packet as the driveway/ROW take for 2270 Mitchell Road), staff said the request includes a 267-square-foot driveway easement, a six-month temporary construction easement and an additional right-of-way component (described in materials as roughly 487 feet). Appraisal materials for that parcel were placed in the council packet; staff said multiple contacts and formal notices were sent to the owner beginning in March with follow-ups in August and that the statutory notice steps required by the state eminent-domain process were followed.

A third parcel described as Parcel 3 is a small, 163-square-foot temporary construction easement adjacent to Cemetery Field. Staff said a cloud on title (competing deeds) prevents a clear certification of title; the temporary easement amount in the staff packet was listed at a statutory minimum of $100.

Council discussed options for each parcel separately. On Parcel 58 the chair called the question and the voice vote recorded ‘Aye’ with one council member opposed. Subsequent motions and votes to authorize the condemnation actions for the other parcels were recorded later in the meeting.

Staff said the city will continue to attempt consensual acquisitions before filing condemnation petitions in superior court; staff also said they would not file for court action until continued outreach to lenders and owners had been exhausted and communications were documented. The city cited the state eminent-domain notice procedures during its presentation.

The council’s action authorizes the mayor to sign resolutions advancing the steps outlined by staff; staff will return to court only after continued outreach efforts, according to the presentation.