Eminent Domain……..Are you next?


The City of Murfreesboro, utilizing revisions to the Greenway Master Plan, has ‘crossed the line’ in its latest decision to claim  Eminent Domain to condemn and capture a homeowner’s property. 

David McCurry custom built his family’s home 30 years ago on nearly five (5) acres of land near the Barfield Crescent area of the Stones River.  However, the McCurry home is NOT even located within the Murfreesboro city limits, but rather located just “outside” of the city limits in Rutherford County!

The McCurry house and property were not originally in the Master Plan for the Greenway; the original plan had the Greenway across the river from this property!  However, the Parks and Recreation Department of Murfreesboro has stated it would like to use this home and the property as an office for its director and the property as a public trailhead for the Greenway. 

Currently, the condemnation plan for the McCurry house/property is moving forward.  On Thursday, May 23, 2013, Murfreesboro City Assistant Attorney David Ives presented to City Council the plan to condemn this property and a proposed payment settlement offered to the McCurry family.  

Wisely, the plan was voted down by Mayor Bragg and Councilmembers Smotherman, Scales-Harris, and Gilley.  Vice Mayor Ron Washington and Councilmember Shane McFarland voted for the condemnation plan and proposed offer.  Councilmember Doug Young was absent from the meeting, but has supported this Greenway Master plan before. 

Because the condemnation plan was not approved by majority vote of City Council, it will now move onward with a lawsuit by the City of Murfreesboro to obtain the house and property.  The court date to finish the condemnation process is June 14th, 2013. 

Melanie McCurry states: “We have until June 14th.  I praise Eddie Smotherman for helping us.  We had been told over and over by the city that we had no other choices.  They wouldn’t let my husband David get on the agenda of the council meetings to plead or speak his mind.  We have been bullied by them, and at the last minute, Eddie Smotherman has given my family new hope.  Our family would have been put out to fend for ourselves in a city that we have lived in 30 years.”

How can you help?  Contact Mayor Bragg and the City Council members!  Contact City Manager Rob Lyons and Assistant City Attorney David Ives!  Voice your opposition to this outrageous situation!  Let’s unite as homeowners and help the McCurrys save their home and property.

As a reminder……..City Planning  Director Joseph Aydelott placed Haynes Drive on the Major Thoroughfare Metro design plan.  Will North Murfreesboro homeowners be facing Eminent Domain next?  Will we see people who have lived in their homes and owned their property for over 40 years be driven out because the City of Murfreesboro wants to seize their private property to widen Haynes Drive?

Contact information: 

Mayor Bragg: tbragg@murfreesborotn.gov/ 615-849-2629

Vice Mayor Washington: rwashington@murfreesborotn.gov/ 615-890-0097

Councilmembers:

Toby Gilley: tgilley@ruckerlaw.com/ 615-893-1134

Madelyn Scales-Harris: mscalesharris@murfreesborotn.gov/ 615-804-8955

Shane McFarland: shane@shanemcfarland.org/ 615-642-9244

Eddie Smotherman:  Personal Facebook page (provides direct contact!)

Doug Young: dyoung@citytile.net/ 615-893-7721

 

City Manager Rob Lyons: rlyons@murfreesborotn.gov/ 615-849-2629

David Ives, Assistant City Attorney: dives@murfreesborotn.gov/ 615-893-6441