Atlanta panel to consider land rights for pedestrian upgrades, with condemnation as a fallback

Atlanta’s Transportation Committee has an Oct. 14 checkpoint for a proposal to acquire property rights needed for pedestrian improvements—and authorize condemnation if negotiations with owners fail. The Council packet lists consideration at 10 a.m.⁠[1]

Ordinance 26-O-1560 concerns acquisition authority for Traffic Signal Enhancements Phase II, not approval to launch the project itself. The ordinance describes the transportation department as already constructing pedestrian improvements.⁠[1]

Its property schedule includes temporary easements for slope construction along Ralph D. Abernathy Boulevard SW, Georgia Avenue SE, Hosea Williams Drive NE and McDaniel Street SW. It also describes a permanent easement of about 7,654 square feet along Atlanta Avenue SE for construction and maintenance of slopes and utilities. The proposed rights therefore include both temporary construction access and a lasting maintenance interest.⁠[1]

The chief procurement officer or a designee would handle negotiations and obtain appraisals, surveys, title information and other due diligence. The mayor or a designee would execute the acquisition documents.⁠[1]

The proposal would also remove several procedural steps. It would allow legal descriptions to be determined by survey, waive the requirement for option agreements and permit acquisitions without further Council authorization. Those provisions would give officials room to complete individual transactions after the ordinance’s approval, rather than return each acquisition to Council.⁠[1]

That discretion has a stated limit for purchases intended to avoid litigation. With the chief procurement officer’s authorization, the city could pay above the appraised estimated compensation by up to 20% or $1,000, whichever is greater, without another Council authorization. This is a limit on the premium above the appraisal, not a total project spending ceiling.⁠[1]

If good-faith negotiations fail, the city attorney or a designee would be authorized to pursue condemnation using Georgia’s declaration-of-taking method. The proposal does not establish that condemnation has begun or that any of the described property rights have been acquired.⁠[1]

Council voted 12–0 on Oct. 5 to refer the ordinance to committee, according to its draft action minutes. That was a referral, not approval of the acquisition powers, and the Oct. 14 listing does not guarantee a final vote. The pages reviewed describe easement locations and acquisition rules but do not identify the owners or purchase prices.⁠[1]