Smith family rejects county’s offer for jail land
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The county reportedly offered $75,000 for a five-acre tract, or $225,000 for the entire 19 acres. The property owners, Doug Smith and two of his sisters, Elaine Simmons and Kaye Clement, have indicated through family spokesman Mike Smith they want $95,000 per acre.
As a result, the county has started condemnation procedures to obtain the land.
Worth noting is the fact a 32-acre plot directly across the street from the Smith property sold a couple months ago for approximately $200,000 or around $6,250 per acre.
“We got our three appraisals, and all the appraisals were generally in the same area,” said Jail Oversight Committee Chairman Bobby Cox. “And we felt like we were negotiating in good faith. We don’t have any hard feelings toward them and we hope they don’t have any hard feelings toward us, but we’re looking out for the county’s interests and they are looking out for their interests, and we’ll just have to come together and see how we come out.”
Cox indicated the county had hoped to reach an agreement with the Smiths, but they have not responded since their rejection of the county’s initial offer.
“Our committee decided we would condemn no less than five acres of that property for building the jail,” Cox told the County Commission Monday night. He indicated he would contact County Attorney Larry Stanley and authorize him to begin condemnation proceedings.
Cox had no estimate of what the county might ultimately end up paying for the land once it gets into the courts.
County Attorney Larry Stanley said Tuesday the papers would be filed this week.
“This actually works in reverse of any other kind of suit,” Stanley said. “They actually become the plaintiffs even though we file the lawsuit, and the county becomes the defendant. The burden of proof shifts to them to prove what it’s worth in the courts.”
Stanley indicated the land would actually become the county’s property in 30 days after the filing and they could begin construction.
The Smiths can then accept the money the county pays in when they file, this being what the county estimates the land to be worth, or they can contest it and demand a jury determine the amount.