File #: 2024-0391    Version: 1 Name:
Type: Resolution Status: Public Hearing
File created: 3/8/2024 In control: Board of Commissioners - Zoning Meeting
On agenda: 3/28/2024 Final action: 3/28/2024
Title: Commission District(s): District 3 and District 7 Request for a Resolution authorizing the acquisition of certain property located at 4075 Old River Road, Ellenwood, GA: 15 028 05 003 through the use of eminent domain pursuant to O.C.G.A. ? 22-1-1, et seq. for public park and recreational purposes as part of the County Line Park Project.
Attachments: 1. Exhibit A-Boundary Survey 4075 Old River Rd, 2. EXHIBIT B- LEGAL DESCRIPTION 4075, 3. Exhibit C- Location Map, 4. Resolution for Signature

Public Hearing: YES ? NO ? Department: Recreation, Parks and Cultural Affairs

SUBJECT:
Title
Commission District(s): District 3 and District 7
Request for a Resolution authorizing the acquisition of certain property located at 4075 Old River Road, Ellenwood, GA: 15 028 05 003 through the use of eminent domain pursuant to O.C.G.A. ? 22-1-1, et seq. for public park and recreational purposes as part of the County Line Park Project.

Body

Information Contact: Chuck O. Ellis, Director RPCA
Phone Number: 404-371-2475

PURPOSE:
To authorize the exercise of the power of eminent domain to acquire the property located at 4075 Old River Road, Ellenwood, GA: 15 028 05 003 (further shown on the boundary survey attached Exhibit A and described in the legal description attached Exhibit B) pursuant to O.C.G.A. ? 22-1-1, et seq. for public recreational purposes, and thereby authorize the County Attorney's Office, or its outside counsel or assignees and designees, to file condemnation proceedings to acquire the title, estate or interest in said lands in accordance with the provisions of the aforesaid Code. Counties may acquire private property in fee simple or in any lesser interest by eminent domain for public purposes pursuant to Article IX, Section 2, Paragraph 5 of the Georgia Constitution. Counties may acquire lands for parks, playgrounds, recreation centers and other recreational purposes pursuant to O.C.G.A. ? 36-64-2.

DeKalb County presently owns, manages, and maintains a public park known as County Line Park in Ellenwood, Georgia. In August 2022, DeKalb County initiated a project to study the existing conditions of the Park and how the Park may be improved. Accordingly, DeKalb County determined it necessary to provide additional recreational space and connectivity to County Line Park. To do so, DeKalb County identified the +/-0.300-acre vacant property located at 4075 Old River Road, Ellenwood, GA:...

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