SANDY SPRINGS, Ga. — A Sandy Springs business owner is suing the city, claiming it’s not fairly compensating him for property it condemned for a road project and claiming the city plans to sell his property to a private developer.
The city denies his claims.
Randy Beavers told Channel 2's Mike Petchenik he received notice last year that the city needed his property for a road widening and beautification project on Mt. Vernon Highway.
Beavers told Petchenik he’d been operating his State Farm Insurance business at the home at the corner of Mt. Vernon Highway and Sandy Springs Circle for the last 13 years.
“Hundreds of thousands of cars stop at the red light every day. I’ve got huge exposure on both sides,” he said. “Fantastic location. Fantastic.”
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Court records show the city offered Beavers about $360,000 for the property.
“I told them absolutely not,” he said.
Beavers countered with a $2.2 million offer, and says that money will cover the cost of moving and renting a new office space at a cost of about $40,000 a year.
“They are taking it from me. I’m not selling it. All I want to do is be compensated for the rents I have to incur…enormous expense that has been incurred because they took it,” he said.
According to the Fulton County Tax Assessor’s office website, the 2018 valuation of the property is $389,900.
Beavers showed Petchenik a February notice he received from the city, telling him to vacate the property.
“It was a huge slap in the face,” he said. “They said I had to be out in 45 days or I’d have to pay them rent to the tune of $3,000 a month.”
Beavers’ attorney, Harry Camp, told Petchenik the law requires governments to fairly compensate landowners whose properties they condemn.
“What they can’t do is take private property for someone else’s private benefit,” Camp said.
Camp points to a master plan map from 2012, which he says shows proposed townhomes and other commercial development on the corner where the office sits.
“You can’t take one man’s private property and flip it to another use that the city council may determine is more preferable in their eyes and make a profit off it,” he said.
On Aug. 9, Fulton County Judge Thomas Cox denied Beavers’ motion to set aside the condemnation.
“Condemnees presented no evidence that the monies paid to the Court registry failed to properly reflect the City's estimate of the just and adequate compensation owed for the taking,” Cox ruled. “There is no record evidence that the city undervalued or improperly valued the taking.”
Petchenik received a statement from city spokeswoman Sharon Kraun about the matter:
“The City has conducted business in accordance with GDOT’s land acquisition guidelines. The law required that we get an independent appraisal, and the City offered Mr. Beavers more than the independent appraisal amount. It’s my understanding that expenses for moving were available to Mr. Beavers through the GDOT program, but he did not pursue that opportunity.
We are acting in accordance with GDOT guidelines as this is a road and streetscape improvement project. The plan Mr. Beavers has referred to is the 2012 City Center Master Plan which is simply a visioning document.
Mr. Beavers produced no evidence to support his claims regarding the City’s intended use of the property, and the Court found in favor of the City. He has not produced any appraisal in support for his request for $2.2M. That matter will be decided in a jury trial which is likely to be heard in early 2019.”
Cox Media Group
