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Wilson County planning panel declines to act on Sharp Springs plat as condemnation proceeds

Wilson County Planning Commission · December 20, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Wilson County Planning Commission declined to take an up-or-down vote on a plat tied to a proposed Sharp Springs booster pump station after hearing that the Water and Wastewater Authority has filed condemnation; the lack of action leaves the plat subject to automatic approval under state timing rules unless the applicant withdraws.

The Wilson County Planning Commission moved on without voting on a subdivision plat tied to a proposed booster pump station on Sharp Springs Road after learning the Water and Wastewater Authority has filed condemnation proceedings and has a court hearing set for Jan. 7.

Jerry Warren, a civil engineer representing the Water and Wastewater Authority of Wilson County, told the commission the authority had filed condemnation and was seeking approval of the plat "subject to a copy of that document transferring the ownership" once the condemnation is finalized. Warren said the parcel being sought for the pump station is a 70-foot-by-110-foot strip and that the facility is intended to address longstanding low-pressure issues in the area.

Resident Ken Young objected, saying the authority "lacked any indication that the actual owner approved the application" and that "the person who signed the signature block was not the owner or the owner's representative." Young urged commissioners to reject consideration while the ownership question remained unresolved.

County counsel Mister Jennings outlined condemnation as a two-step process in which title is typically vested to the condemnor first and compensation is decided later, and cautioned the commission that "it is not customary for this board to go behind somebody's signature. We take it at face value." He also said the board did not have an investigative role in private disputes over ownership.

Staff and commissioners discussed legal and practical options, including approving the plat contingent on a court order or taking no action. Planning staff noted a state rule that the planning commission has 60 days from an original submittal — which staff said began Nov. 5 — to act on plats and that if the commission takes no formal action before the end of that period the plat may be automatically approved by operation of law on Jan. 5. Commissioners ultimately did not make a motion that produced a formal up-or-down vote; the record shows the board moved on and the applicant later withdrew the related site plan.

The record reflects competing priorities: the utility urged action or no action to avoid appearing to delay required work before the Tennessee Department of Environment and Conservation (TDEC), while opponents warned of setting a precedent for accepting filings without owner authorization. Counsel said that whether conditional approval would help the authority's position in court was uncertain and that the county historically has accepted applicants' signatures without initiating independent investigations.

What happens next is procedural: the condemnation hearing is scheduled for Jan. 7, and the plat will be subject to the county's automatic-approval timeline (staff said Jan. 5) unless the applicant withdraws or the court intervenes. The site plan for the booster pump was separately deferred until January and then withdrawn from the agenda by the applicant.