Smith farm mediation set for Nov. 18

Over two years later, the ILS system has yet to be installed and the Smiths are still at odds with the county.

The Smiths’ son, Chris Smith, said the new county commissioners and airport authority members have said they no longer want the property and do not understand why it was condemned in the first place.

According to Smith, one of the authority members asked if the Smiths would be willing to return part of the money if the authority returned their land.

Smith said his parents are scheduled to participate in a mediation session on November 18 with representatives of the airport authority.

Smith claims airport authority legal counsel Angela Davis told his parents in a “threatening” way that if they did not accept the offer presented during mediation, a jury trial would be the next step.

“I don’t consider it to be a mediation when they tell you what to do,” Smith said.

Bubba Samuels, an attorney with the firm of Girard and Davis, confirmed that a jury trial would be the next step if the issue is not resolved through mediation.

Samuels said the authority is weighing whether or not it can provide some sort of non-monetary compensation to the Smiths. Samuels said this compensation would not include a return of any of the Smiths’ land, but might involve some access and right of way issues.

“The issue to be litigated is the value of the land the airport took,” Samuels said. Samuels said the authority has two separate appraisals to back their original payment during the condemnation proceedings.

Smith said the price for his parent’s land was fixed at what the county deemed fair market value. The Smiths hired their own appraiser who disagreed with the county’s assessment of the land value.

Smith believes the airport authority is trying to force a settlement.

“They don’t have any money. They don’t want all this out about the mediation and the ongoing legal proceedings,” Smith said. “This thing has been going on for a long time. They are wanting for some reason to get it done before the end of the year.”

Smith suspects that the authority is facing financial difficulties and as a result is trying to pressure the Smiths to make a deal through which the authority could obtain needed funds.

“The authority doesn’t have any money now,” Smith said. “They are dead in the water. They don’t even know how they are going to pay their staff.”

Airport authority chairman Frank Nocera denies that the Airport Authority has made any offer to return any or all of the Smith’s land in exchange for a portion of the money received during condemnation proceedings.

Nocera said the purpose of the scheduled mediation is to finalize aspects of the land acquisition including a dispute about the value of the property.

“They want more than the property was appraised for. It’s just that simple,” Nocera said.

Nocera added that the appraisers were FAA qualified and that the Smiths have already been paid. He said he hopes the matter will be resolved on Nov. 18 in part due to the ongoing costs of legal representation in the matter.

Nocera added that the long-awaited ILS project at the root of the condemnation proceedings is now less than two months from completion. According to Nocera, none of the ILS equipment is located on the property once owned by the Smiths.

“It doesn’t affect [Smith’s] land,” Nocera said. “It is an air rights thing.”

Nocera declined to discuss the mediation further saying that such matters are handled in executive session and cannot be discussed with the public.

“I hope it will all be settled,” Nocera said. “It’s just up in the air.”

Chris Smith hopes the matter will be settled as well.

“My dad never believed they would take [his land],” Smith said. “He has lived in Barrow County all his life and he said they would never do that. Well, they did it.”

Jimmy and Elaine Smith declined to comment and asked that all questions be directed to their attorney, Jay Edward Allen. Allen said it is his firm’s policy not to comment on pending litigation.