Pigeon Forge cites eminent domain in statement after taking Ohio family’s second home

PIGEON FORGE, Tenn. (WVLT) – The Metropolis of Pigeon Forge has launched an announcement after taking an Ohio household’s second house, citing eminent area.

This comes after the household, headed up by Doug and Mika Race, launched a collection of YouTube movies documenting their battle with town.

In response to the household, town unfairly took their house to develop the Westside Connector, which is aimed toward relieving site visitors on Pigeon Forge’s Parkway.

Town’s assertion paints a distinct image. In it, metropolis officers stated the property — which the Races bought for $306,000 as a rental area — was revalued at $489,665. Metropolis officers stated they provided the household $490,000 for the area, and the Races countered with a $3 million supply.

For the reason that unique supply, officers claimed town and the Races have gone forwards and backwards with affords and counter-offers. Ultimately, the assertion says, town landed on a $539,000 supply to the Races, which they counter-offered with $1.5 million.

“The Metropolis was sympathetic to the Races’ monetary obligations to the property, and within the interim, the Races may have provided the property as an in a single day rental, as was their unique intent, to derive and acquire earnings from the property,” the assertion reads. “The Races declined.”

These discussions have reportedly been occurring since March 2023. Finally, the assertion claims that because the Races elected to not use the property, town ordered them to vacate, which they did, and seized the property.

It is usually vital to notice that the plans for the Westside Connector, which included operating the street by way of the Races’ property, had been introduced and accepted at a Metropolis Fee assembly in November 2021. The Races purchased the house a number of months later, in August 2022.

The whole assertion is under:

Eminent area is an unlucky however crucial course of. For eight months, town of Pigeon Forge has been the topic of relentless accusations related to a 1,047-square-foot business property, not a main residence, situated at 362 Ogle Dr. Throughout this time, the Metropolis of Pigeon Forge has diligently tried to achieve a monetary decision with homeowners Doug and Mika Race by concern of simply compensation.

For greater than 30 years, the Metropolis of Pigeon Forge has labored towards offering Pigeon Forge residents with a much-needed different path to bypass Parkway site visitors. To fulfill this want, the Metropolis Fee accepted the constructing of the Westside Connector. To assist decide its path in relation to Ogle Drive, residents had been invited (by way of public media notices and particular person door hangers positioned on roughly 50 tracts) to attend a public assembly on Oct. 26, 2021. Primarily based on public feedback and the suggestions of town’s engineering agency, it was decided that in one of the best curiosity of Freedom Baptist Church and the Pigeon Forge Care and Rehabilitation Middle nursing house, the Westside Connector’s last route would journey by way of 362 Ogle Dr. The route was introduced and accepted in a Pigeon Forge Metropolis Fee assembly on Nov. 22, 2021.

On Aug. 17, 2022, the property at 362 Ogle Dr. was bought by Doug and Mika Race of Chillicothe, Ohio, for $306,000 as an funding property, 9 months after the Pigeon Forge Metropolis Fee accepted the ultimate Westside Connector route. Pigeon Forge metropolis workers has been in ongoing discussions with the Races since March 2023 to barter the acquisition of the property and supply compensation to the Races.

As a part of this course of, the property was appraised, as a business property, not a residential property, at a worth of $489,665. Thus far, the Races haven’t submitted an alternate appraisal of the property. In an effort to offer compensation to the Races, in October 2023, the Metropolis provided $490,000, and the Races counter-offered with $3 million. The Metropolis countered with $539,000 (a proposal that represents a worth of $514 per sq. foot). The Races countered at $1.5 million. After 17 months, makes an attempt to achieve a monetary decision have confirmed unsuccessful and will probably be decided by courtroom motion. The Metropolis was sympathetic to the Races’ monetary obligations to the property, and within the interim (earlier than work would start on the Westside Connector within the Ogle Drive space), the Races may have provided the property as an in a single day rental, as was their unique intent, to derive and acquire earnings from the property. The Races declined.

For the reason that Races elected to not make the most of the property, the Metropolis elected to maneuver ahead with plans for the Westside Connector. On Jan. 12, 2024, the Metropolis of Pigeon Forge filed a petition for condemnation of the property at 362 Ogle Dr. At the moment, the quantity of damages, $490,000 (decided and equal to the appraised worth), was deposited to the clerk of the courtroom with this submitting.

On March 16, town lawyer filed a discover of listening to to happen on Might 6 through which a request for possession of the property was submitted. Late on Might 3, by way of their lawyer, the Races agreed to vacate the property, permitting town to take possession. The Races requested and obtained 30 days to vacate the property. The order of possession (dated Might 6) was recorded on June 6, 2024, with the register of deeds.

On July 10, town lawyer obtained a movement to attract down funds on deposit for the courtroom to repay the Races’ mortgage. Town has maintained it might not oppose the courtroom clerk paying off the mortgage as soon as it’s instructed to take action by the courtroom.

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