Concern over an eminent domain claim made against his property a few years ago was the topic one citizen wanted to discuss with the Columbia County Board of Commissioners during the meeting on Tuesday, May 16.
Ming Lin said he has had an issue with the county for 3 ½ years, and over the past few months has made seven requests to find out what’s going on with property of his that the county exercised eminent domain over, but nobody has responded to him.
“In 2019, the county exercised eminent domain and wanted to take 1.7 acres from my land right at the tip of Gibbs Road and Washington Road,” Lin said. “The claim was that it was needed, and the need was eminent, need as of yesterday, and the construction was ready to start tomorrow. And that was presented to the court. Eminent domain provides that power to every government body, so it happened.”
In early 2020, according to Lin, the land was taken under eminent domain and a check was issued. But after that nothing was done to the property. There has been no development or land. And he would like to know why.
“Did a misuse of eminent domain happen under pretense of needing to develop a public need road,” Lin said. “Why was the county not willing to give me an answer and tell me what happened? Because I’m the person who lost the 1.7 something acres, and that’s why I wanted to bring it to the commission and ask the commission to deal with me. We are reasonable people, and the county attorney, deal with me, what happened and where do we go from here?”
County attorney Chris Driver said his understanding is that the intent was to do road construction, which is the proper purpose for eminent domain.
“We filed the action, as with all cases…, you’re allowed to one, argue the value of what’s being taken, you have a constitutional right to be paid for what’s taken from you, and that was worked out and he was paid the value of the property that was taken,” Driver said. “Also, at the time you have a right to make a claim of bad faith, that this isn’t a proper taking, not for a proper purpose. That argument wasn’t made. I’ve been doing this job long enough to know that there are times the intent was there to do a project, whether for a road or other things. Sometimes circumstances happen that it gets off the table, it’s not done.”
Assistant County Manager Matt Schlachter told commissioners the reason the property was purchased was to secure access from Northwood subdivision, which is behind the government complex. Currently the subdivision is accessed off North Belair Road.
“There’s a right of way that was deeded to the county at the end of Ridgepine Drive, that right of way extended to Mr. Ming Lin’s property. He was the remaining parcel between there and Washington Road,” Schlachter said. “We did acquire property for a right of way that would take us from his property line to the signal at Gibbs Road, secure that access to that signal. We did that knowing if we didn’t secure it then, there was a chance we would not have that opportunity in the future.”
Schlachter told commissioners there was a preliminary plan for the project funding through the current SPLOST, but it did not make the short list and was not approved by voters.
“It wasn’t bad faith. It just didn’t get funded the way we thought it did,” Schlachter said. “Having this property does provide us with an access point from North Belair Road to Washington Road at a singular intersection. There’s no other way to do that on that stretch of Washington Road.”
Board Chair Doug Duncan asked if the county was going to build a road, and Schlachter said yes, that is the plan as soon as funding is available.
Lin told commissioners that when the process started 3 ½ years ago, it sounded like the funding was already in place. There was a contractor in place, and the county was ready to start construction.
“That was what presented in the court, of course the transcripts can be acquired,” Lin said. “All I want right now, the county is an entity, everyone of your officers, when you walk away from your job you are a citizenslike me, all I want is to be treated fair. So, therefore, I bring this matter to the attention of the commission. I just need the county to be represented with someone to deal with me. Where are things standing? Don’t have any plan? Don’t have any funding? Nothing? Or is there already a plan, a rough idea, there’s going to be another attempt to get the funding, is this going to be just taken and never be used for the claim, the purpose that it was taken for? I just need somebody to deal with me. I don’t think that’s asking too much.”
Duncan reiterated there is a need, but the county doesn’t currently have the funding at the moment. He also asked Schlachter to keep Lin up to date on what is happening.
Stephanie Hill is a staff writer covering Columbia County government for The Augusta Press. Reach her at stephanie@theaugustapress.com .
