CLARKSVILLE, TN (CLARKSVILLE NOW) – A resolution went before the Montgomery County Commission this week seeking authorization for the acquisition of a tiny portion of land, through eminent domain, to allow for the continuation of John Duke Tyler Boulevard in the Hickory Wild subdivision.
The resolution most recently made its way through the county’s Budget Committee; however, residents in the Hickory Wild community pushed back on the proposal for the 1,000-square-foot piece of land, which is HOA property.
Residents also addressed the commission on Monday night, while Regional Planning Commission Director Jeff Tyndall provided additional context to the proposal, including that the county has every intention of a good faith effort in negotiating to acquire the HOA land.
| PREVIOUSLY: Hickory Wild pushes back on proposed eminent domain of HOA land to connect roads
Resident calls for deferral of resolution, questions process
Hickory Wild HOA vice president Katie Johnson asked for the resolution to be deferred because the HOA has not yet received a written purchase offer, an appraisal, survey, legal description of the property sought, or a proposed acquisition agreement.
Later in the meeting, Tyndall said the resolution’s title can be misleading. He said the county would reach out to negotiate in good faith if the resolution is approved, which is the first step in the process.
“Your vote next week will not be an immediate, ‘We’re going to condemnation,'” Tyndall told the commission. “Just like any other acquisition, there will be a good faith effort first, through the county mayor’s office to the HOA or their representatives. … If for some reason, through a stalemate or title issues that can’t be done, condemnation would (then) be an option.”
Johnson said she believes the HOA shouldn’t have to wait until a condemnation case is filed before receiving the basic information needed to evaluate the county’s proposal. “I want you to consider that a short-term delay will not determine the ultimate road in question. However, it will protect the rights of the homeowners, reduce the likelihood of potential litigation and allow the parties to pursue an informed and potentially negotiated resolution.”
Fear of John Duke Tyler becoming thoroughfare
William McSneed of the Hickory Wild community said, “I understand the importance of emergency access and responsible development, and I don’t believe anyone in our community is arguing against public safety or responsible growth. What we’re asking is whether turning John Duke Tyler Boulevard into a thoroughfare roadway is the right solution,” McSneed said, “especially when other potential connections exist.
“This decision isn’t simply about acquiring a strip of HOA-owned property. … Connecting the roadway through this strip has the potential to fundamentally change the character of our entire neighborhood,” he said.
HOA President: Children’s safety at risk
Hickory Wild HOA president Camille Jones said she is one of the 185 homeowners directly impacted by the proposed resolution to develop a road “straight through a 20-year-old community, changing it forever.”
Jones said that it’s a decision that cannot be undone, and the land in question sits right next to neighborhood amenities that homeowners have paid to maintain for nearly two decades “with the reasonable expectation that it would safeguard our community’s enjoyment, safety and well-being,” she said.
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Jones said the HOA considers the land common area, and the proposed roadway threatens the safety of children, as well as the overall community and property values. She also shared community input from a recent HOA meeting.
“At our Nov. 1 meeting, 69% of those polled opposed the connection, 31% needed more information and nobody expressed support,” Jones said. “This demonstrates the need for meaningful homeowner input. We understand the history; this road originated as a developer’s idea nearly 20 years ago. The original developer failed to properly establish the infrastructure needed to support further growth due to financial issues. Now, another developer wants to continue building while we pay the price.”
Jones claimed the original master plat did not have John Duke Tyler Boulevard being connected through the HOA land and said alternative routes are in the early stages of being developed, “including the Shield Drive connection to Wellington, the Remington Trace connection and hopefully connecting Tacoma (Drive) to Dunlop (Lane), for which the developer owns the necessary property,” she said.
Jones said that she believes the developer’s interests need to be addressed by the county and asked the commission to vote no or defer the matter.
History of John Duke Tyler Boulevard
Tyndall reviewed the history of John Duke Tyler Boulevard. He said back in 2006-08, around the time the housing crisis hit the nation, the property had been sold off by pieces. He said that over time, the pieces had been reacquired by certain developers, but John Duke Tyler Boulevard was never finished.
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“Hickory Reserve Section 3, it does make some recent connections to surrounding subdivisions: Hickory Wild, Wellington Fields and Farmington,” he said. “These are all single-family subdivisions, and whether the traffic goes on John Duke Tyler Boulevard, or these side roads, it’s all still going to go out toward John Duke Tyler Boulevard.”
Tyndall said the Clarksville-Montgomery County subdivision regulations require connectivity of this type.
Previous attempts to acquire property
Tyndall said attempts were made to purchase the land through the previous owner and developer; however, the two sides weren’t able to come to terms. “We don’t want to go to eminent domain, but this opens up this as an option,” he said.
“I did the math today, it’s .02 acres and it’s actually 1,006 square feet of property we’re talking about. It’s a little over 10 feet long and just under 100 feet wide. It is owned by the homeowner’s association … (but) ultimately this goes back to an error in platting back in 2009, that wasn’t realized until recent discussions with Hickory Wild Reserve and Wellington Fields.”
Tyndall said when it was platted, the highlighted portion in orange (above) was never meant to “cross the road.”
“This should have been right-of-way right up to the property line,” he said. “So, an error in platting was accepted, signed and recorded at the register’s office back in 2009.” Tyndall said this development by MVM Properties is part of a much larger parcel to the east, but the tail end of the property goes across.
“We have a preliminary plan that the Planning Commission approved a couple of months ago that shows a further dedication of the remaining 100-foot right-of-way up through there, so when they’re done, they’re going to pave up until this (point), and we’d have 10 feet of area without any road.”
Tyndall said John Duke Tyler Boulevard was always designed to be a thoroughfare for Hickory Wild and the surrounding single-family subdivisions.
“We’re bringing this forward as the Planning Commission and Highway Department jointly asking you to proceed with this,” he told the commission. “The developer has said they will pave it if it’s acquired in time, and they are out there paving. If not, it will fall on the highway supervisor if it goes beyond their timeline for developing.”
What’s next for proposed resolution
The County Commission pulled the item from the consent agenda to continue the conversation into next week.
The Montgomery County Commission meets next on Monday, Nov. 9, at 6 p.m.
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