CLARKSVILLE, TN (CLARKSVILLE NOW) – The Montgomery County Commission approved a resolution that looks to acquire, if necessary, a small portion of HOA land through eminent domain to allow for the continuation of John Duke Tyler Boulevard in the Hickory Wild subdivision.
During last week’s County Commission meeting, the government body heard from Hickory Wild residents who said the continuation of John Duke Tyler Boulevard not only threatens children’s safety in the neighborhood but also has the potential to change the character of the neighborhood itself.
Meanwhile, Regional Planning Commission Director Jeff Tyndall provided additional context to the proposal, including that the county has every intention of making a good faith effort in negotiating to acquire the small piece of HOA land before considering taking it by eminent domain.
Hickory Wild residents address commission
Hickory Wild community member Kathy Latrobe, who spoke on the increase of traffic in the area from current and future development.
“The Reserves is adding 148 houses; Wellington Fields and Farmington are adding hundreds of houses each. The initial estimation to the increase of traffic traveling on John Duke Tyler Boulevard will go from 279 houses to vehicles to over 1,400,” she said.
| PREVIOUSLY: County hears from neighbors, planners on proposed eminent domain to connect roads
“And that is only traffic from these immediately connected communities. It does not include the thousands from outside our area and the apartments across Dunlop (Lane) looking to avoid Rossview Road.”
Latrobe said the traffic increase will affect Hickory Wild’s one other major street, Judge Tyler Drive, too.
HOA vice president Katie Johnson said the HOA has not been shown survey notes, a statement from the original surveyor/developer, a corrective plat or other evidence that the recorded boundary was a mistake.
“It is equally possible that the strip (of land) was intentionally retained to preserve HOA control of the common property surrounding our clubhouse, pool, playground and community gathering area,” Johnson said. “Including control over whether a future roadway could cross it. We are not asking you to assume our explanation is correct, but we are asking you to not accept either explanation without clear evidence.”
Commissioner Daane speaks on concerns with rejecting resolution
Commissioner Cydney Daane said she has concerns about emergency access. Daane also said she spoke with other residents in the area who are for the resolution.
“Nearly 190 homes in Hickory Wild depend on one entrance and exit. For the Clarksville RPC, for every 160 homes, there has to be an entrance and an exit,” Daane said. “When that route is blocked by traffic, flooding, severe weather or (another) emergency, residents have no reliable alternative. And we’ve seen this happen; we’ve already seen access disrupted.
“In a medical emergency, another route could help responders reach families faster and give residents a layout. This also affects more than Hickory Wild,” she said. Daane said the resolution would also improve access for nearby neighborhoods, school buses, children and other first responders.
| PREVIOUSLY: Hickory Wild pushes back on proposed eminent domain of HOA land to connect roads
“If we’re really concerned about and prioritize the safety of our children, we won’t be thinking or talking about the value of our homes, because we cannot put a price on the safety of our community, especially our children,” she said.
Daane said traffic calming measures can still be addressed, and she pointed out that if the project is not completed by the developer, who’s offered to complete the work in a specific period of time, the cost may fall on taxpayers. “We can respect residents’ concerns and protect their rights while taking the necessary step toward a safer and more reliable access for District 19.”
Suggestion of government overreach
Commissioner Lekeshia Hicks said she believes the resolution before them is a dangerous path to go down and suggested government overreach. “I hear you Commissioner Daane about the safety of the neighborhood, but coming to the commission first with an eminent domain request is not the way to do this.”
Commissioner Tiffany Manning said the resolution seems more about a developer possibly “dropping the ball,” and it’s up for Montgomery County to correct the issue. “I don’t think it’s fair to taxpayers to correct the issue that a developer made.”
Amendment rejected: ‘The HOA owns this now’
Commissioner Joshua Beal made a motion to remove the section authorizing the county the ability to condemn the HOA land through eminent domain. His motion included the county executing an appraisal on the parcel and then communicate and negotiate with the HOA.
The motion failed 9-12. Afterward, Beal said he visited Hickory Wild and John Duke Tyler Boulevard to observe. “To be 100% with you, I don’t really understand what the big hoopla is about it, however, we made a mistake. And the HOA owns this now, so if this is something they don’t want, who are we? I would ask everybody to vote no on this.”
Commissioner Smith: Opportunity to connect public roads
Commissioner Joe Smith said John Duke Tyler Boulevard is a public roadway, maintained by the Montgomery County Highway Department. “So, that connection is essential for emergency services, traffic flow, all sorts of things. We talk about traffic in this town like it’s going out of style; yet we want to keep stuff cut off when we have an opportunity to connect public roads,” Smith said.
“If the HOA wanted to keep this their own little sanctuary over there, then they need to talk to the Highway Department about taking them back as private roads. And they can maintain the asphalt that all of the taxpayers’ dollars go toward maintaining them,” he said.
Deferral rejected, resolution approved
Commissioner Nathan Burkholder said he visited the area also and realized the public roads do need to connect for public safety. However, to continue the conversation with those who have concerns, Burkholder proposed a one-month deferral. That was voted down 6-15.
Commissioner David Harper said, “It’s obvious it was meant to be connected from day one. If I lived in a cul-de-sac, which I happen to, I would not want my cul-de-sac changed into a thoroughfare. I get that and understand that, but at the same time, there are interests of public safety.”
The County Commission approved the resolution 13-8 with commissioners John Gannon, Ted Denny, Smith, Rickey Ray, Rashidah Leverett, Clayton Rudder, Burkholder, Luther Hutchenson, Walker Woodruff, Harper, Lisa Prichard, Chris Rasnic and Daane voting yes.
Voting against were LaTonia Brown, Hicks, Jeremiah Walker, Carmelle Chandler, Beal, Manning, Renee Michelle Bruens and Brad VanKirk.
‘Every property owner should be concerned’
After the meeting, Hickory Wild HOA president Camille Jones told Clarksville Now that the County Commission’s actions set a dangerous precedent.
“Words like ‘public safety’ and ‘public necessity’ should not be used to influence votes when private development interests and other alternatives deserve scrutiny and are clearly documented,” Jones said. “Even more concerning is the pattern of government agencies approving plans, signing plats and granting variances and by their own admission, approving errors – only for homeowners and taxpayers to pay decades later when those decisions harm the very people they are elected to serve.”
Jones said homeowners should not have to lose their property, safety, security, tax dollars or quality of life to correct mistakes they never made. “This is bigger than Hickory Wild. Every property owner should be concerned.”
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