Almost seven months after hammering out an agreement with county officials over the condemnation of their private property near the Barrow County Airport, the property owners have signed the official documents.
At the request of county attorney Angela Davis, the Barrow County Board of Commissioners on May 11 endorsed a settlement “memorandum” that laid out what had been agreed to at a mediation in November 2009.
But the board’s vote did not conclude the matter. It merely underscored the need to move forward with finalizing the deal, because owners Jimmy Smith and Elaine Smith had not signed the final documents, Davis said after the vote.
Davis’ colleague, Chris Hamilton of Jarrard & Davis LLP, said Monday that those documents were signed May 27, and the case “will shortly be brought to a conclusion.”
The additional $180,000 to be paid to the Smiths is to purchase a 1.23-acre parcel at 301 Giles Road, rather than its air rights alone.
That brings to almost $1 million the money paid by the Barrow County Airport Authority for the Smith’s three parcels that were condemned in order to install an instrument landing system funded by the Federal Aviation Administration.
The authority already had paid the family $215,000 for a 1.76-acre tract off Atlanta Highway, plus $575,000 for a 13-acre tract and for an “avigation easement” – or air rights – over the parcel at 301 Giles Road.
Under the new agreement, the authority now will pay an additional $180,000 to purchase the property.
The land purchases are part of the ILS project cost. The FAA mandated the acquisition of the property.
In the final settlement agreement, the airport authority and county government also have agreed to:
•refund to the Smiths $1,680 in 2008 ad valorem taxes.
•provide the labor and materials to repair a creek crossing so that the Smiths can access the northern part of their farm with trucks, farm vehicles and farm equipment.
•construct a fence along the 13-acre tract and to tie it into the Smith’s fence on Giles Road.
•and to perform a sedimentation and erosion inspection and report concerning recent construction along the 13-acre tract.
Hamilton said his firm is still awaiting the title and other documents to complete the settlement.
“With the title in hand, the Airport Authority would be able to approach the FAA for those additional funds,” he said. “That is why the six months was built in to the agreement.”
