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photo by Adam Koob
Jannie Hoggatt looks over land she could lose if eminent domain is used to take her land to make way for improvements at Emerald Mound.
Residents may be losing land to road
Published Wednesday, January 7, 2009
NATCHEZ — From her front door, Gwendolyn Ware can look out at Emerald Mound. It’s the land her family owned years ago.
But that’s about to change.
Ware, along with her family and neighbors, are on the verge of having to leave their homes to make room for a road project meant to increase access to Emerald Mound from the Natchez Trace.
While Ware has already sold her land for the project, she said the stress of the situation was just too much.
She and her neighbors don’t like the way the matter has been handled and fear losing their property.
The funding to purchase the land to be developed is from federal money given to the Mississippi Department of Transportation.
That money was given from MDOT to the Adams County Board of Supervisors to purchase right of ways.
The supervisors then hired Howard Herring, owner of Ridge Point Consultants, to buy the rights-of-ways on their behalf.
Once the county has the land, it will be donated to the National Park Service for development.
But that development means people have to be moved from their homes.
And Herring said that will include the use of eminent domain.
Of the 17 parcels to be acquired for the project, approximately 65 percent were purchased by Herring on the county’s behalf.
The un-purchased plots fall under the category of condemned.
That means either the owner refused to sell or the all property’s owners cannot be located .
In either case, the condemned properties have now been made ready for eminent domain, Herring said.
“It’s already started,” Herring said of the process to take the land. “If it’s condemned, it’s past that point.”
And the eminent domain process has residents who refused to sell concerned.
Jannie Hoggatt, Calvin Kimbro and Paula Newton are all living in the path of progress and are all worried.
“We don’t want to lose our land,” Hoggatt said. “And we haven’t been told what’s going on.”
Hoggatt refused to sell her land, approximately 13 acres of an 84-acre section that’s been in her family for more than 100 years.
The land has two homes on it, and moving would displace several of Hoggat’s family members.
Now she’s facing being forced out by eminent domain.
On top of that, she said she, like her neighbors, was never told exactly what was going on.
And Hoggatt isn’t the only one who finds that troubling.
President of the Adams County Board of Supervisors Henry Watts said he found it odd that there was never any public hearing on the matter.
“It’s unusual not to have a public hearing on a property taking,” Watts said.
Watts said when the project was first presented to the board, he estimated more than a year ago, it was presented as a development project that wasn’t supposed to impact people — just land.
After hearing about the use of eminent domain to remove residents from their homes supervisor Darryl Grennell said he and the board were caught off guard.
At Monday’s supervisor’s meeting, Hoggatt and other residents argued their case before the supervisors and asked for help.
And while Hoggatt, Kimbro and Newton are facing eminent domain proceedings, just who will take action on the proceedings is somewhat of a mystery.
On Tuesday morning Herring said he had filed the paperwork to start the process with MDOT’s acquisition department.
Later in the day, MDOT Executive Director Butch Brown said MDOT’s only involvement in the project was to transmit the funding to the supervisors to buy the land.
“We’re technically, in my opinion, not involved,” he said.
“It’s not an MDOT project, it’s a county project.”
Later in the day, Herring then said the paperwork was given to “someone in the county,” so that the proceedings could be started.
Herring refused to name that person.
However, Watts, Grennell and County Attorney Bobby Cox said they were unaware of any such paperwork.
Grennell also said it would not be possible for anyone to start eminent domain proceedings on behalf of the county without first getting approval from the supervisors.
But land owners are worried and want answers.
“It’s not an issue of money,” Newton said.
Newton co-owns some property with Hoggatt.
“We want to be treated fairly, and we want to know what’s going on. We haven’t been told anything.”
Watts said Herring is scheduled to be at the board’s Jan. 20 meeting to meet with the board and residents.
Comments
Posted by vidnat (anonymous) on January 7, 2009 at 12:24 a.m. (Suggest removal)
The road into Emerald mound has needed improvement for many years.
Posted by EnKiKur (Marty Ellerbe) on January 7, 2009 at 12:34 a.m. (Suggest removal)
The St. Catharine Creek Utility Authority can take that land indirectly through another agency with eminent domain powers, like the Board of Supervisors. I wonder if it is someone on the Authority board who got the paperwork.
Imagine, a county project the county supervisors don't know the details of. Will this be the template followed when work starts on the St. Catharine Creek Canoe Canal? No one advised, no one accountable?
Posted by EnKiKur (Marty Ellerbe) on January 7, 2009 at 12:42 a.m. (Suggest removal)
Too bad environmental impact studies never include humans.
Posted by Muggle (anonymous) on January 7, 2009 at 1:06 a.m. (Suggest removal)
I'd be pissed too if I were that lady! Her family has been living on that land for over 100 years! And now someone can just come in there and TAKE it away from them????
I'd fight this tooth and nail! No public hearings??? WHY???
"""Later in the day, Herring then said the paperwork was given to “someone in the county,” so that the proceedings could be started. Herring refused to name that person."""
WHY wouldn't Herrng name the person he "supposedly" gave that paperwork to??? What does he have to hide??
I wish the Eminent Domain laws would be done away with!! It's nothing but stealing under the guise of ""PROGRESS""!
Ridiculous!!!
Posted by vidnat (anonymous) on January 7, 2009 at 1:33 a.m. (Suggest removal)
Eminent Domain is how our road system works. They purchase land to make roads, turn 2 lane into 4 lane [HWY 61] to build bridges [Natchez/Vidalia and Jonesville]and other projects for the public.It should be done properly though.
Posted by vidnat (anonymous) on January 7, 2009 at 1:38 a.m. (Suggest removal)
Eminent Domain is how our system works. This is how we get land to make roads and build bridges. We all want progress.
Posted by EnKiKur (Marty Ellerbe) on January 7, 2009 at 2:08 a.m. (Suggest removal)
vidnat, the common good is one thing. Taking people's property so a couple of senators and a transportation director can needlessly spend some federal money by turning private property into federal land is something else entirely.
Only idiots like you believe this is how our system works and that is the reason our system is working this way; too many idiots with no concept of common law rights.
This is typical of Adams County maneuvering. Secrecy, passing the buck, deceiving the voters for undisclosed political or monetary gain or both.
That road is fine just where it is. It only needs to be resurfaced. So instead of doing that and fixing all the other roads in the county that need it, the supervisors are going to assist the NPS in another land grab and squander precious dollars in one isolated low traffic area.
Posted by vidnat (anonymous) on January 7, 2009 at 2:43 a.m. (Suggest removal)
They get paid for the land.This road is very narrow and needs top be widened. Are they taking the whole 100 acres?
Posted by EnKiKur (Marty Ellerbe) on January 7, 2009 at 2:52 a.m. (Suggest removal)
They don't get paid what the land is worth to them vidnat. And being forced to sell is entirely different than voluntary sale.
So what if the road is narrow? Many county roads up there are just as narrow. The width of the road has never stopped people who want to see the mound from going up there, and people have been going for years.
Posted by crawgator (anonymous) on January 7, 2009 at 6:21 a.m. (Suggest removal)
This process has been around for years and Mr. Watts should know all about this. We are all in the line at any time for our land to be taken for road and such improvements. that being said we are more than likely to be screwed when it happens. We are suppose to be given fair market value for said property, however this rarely happens. If you don't want to give it up, Fight it, you can win T;ve seen it done on 61 south project.
Posted by itsmemame (anonymous) on January 7, 2009 at 6:58 a.m. (Suggest removal)
All I can do is shake my head in disbelief!!! Neither state or local government officials seem to know what is going on. Does Mr. Herring actually answer to anyone? According to the article, the supervisors hired Mr. Herring, so why don't they know what he is doing? Who holds the pen and check book? Someone signed the checks that were given to the residents who sold their property. Wake up and pay attention!!!
Posted by xfloodman (anonymous) on January 7, 2009 at 7:33 a.m. (Suggest removal)
I wouldn't trust Herring as far as I could pick him up and throw him. Believe me!!!
Posted by airborne_walters (anonymous) on January 7, 2009 at 7:47 a.m. (Suggest removal)
US CODE: TITLE 28,1403. EMINENT DOMAIN
Posted by airborne_walters (anonymous) on January 7, 2009 at 7:51 a.m. (Suggest removal)
These are the people you voted in. So with enough pressure, they will want to keep your votes. Mr. Herring doesn't want anyone to know before it's approved because enough turmoil the judge will not sign. Ridge point Consultants would be out of alot of money, not like the Herrings dont have enough anyways.
Posted by Bone (anonymous) on January 7, 2009 at 8:51 a.m. (Suggest removal)
I don't live in Natchez or Adams county but I do know this "it not what you do; but how you do it", and from reading the article from the concerned citizens (land owners) I don't think that the board of supervisor nor Herring or MDOT cares. All they want is the land and it seems that the county is only concerning about the money. That is out right ridicules. It's a shame how the people we elect to serve us turn around and SELL US. The Attorney General office needs to be contacted
Posted by Idefinitelymight (Tom Scarborough) on January 7, 2009 at 8:52 a.m. (Suggest removal)
This is a deplorable misuse of eminent domain. Obtaining greater access to Emerald Mound is not a pressing public concern. I almost never see more than two or three cars there anyway. It certainly does not warrant condemnation of this family's ancestral land. They would not be compensated with anything close to fair market value.
I don't often agree with Enkikur, but he is spot on here.
This is just wrong, wrong, wrong on so many levels. I would hope that a local attorney would take up this family's case pro bono. They need help.
Posted by butterfly (anonymous) on January 7, 2009 at 9:05 a.m. (Suggest removal)
For publicity, contact your nearest television station or ABCnews.com ASAP(they often take on big concerns for everyday citizens in small towns). You never know......
Posted by geauxtigers (anonymous) on January 7, 2009 at 9:12 a.m. (Suggest removal)
Get over it. You buy land, and keep it in your family for your own use........ but if land never changed hands then the world would never change. It'd stay in the hands of the SAME people for centuries and there would be NO progress, no improvement, nothing new, nothing to be proud of as a community.
I bet they wouldn't be complaining if the land was being used for a new Wal Mart.
Posted by Js_Mommy (anonymous) on January 7, 2009 at 9:42 a.m. (Suggest removal)
It botheres me when the first response someone has is to immediately call others idiots. If people paid attention to other state's 'local' news as well, then you would know that there have been state's in the north that have, in recent, years been taking land by 'eminent domain' in order to give it to land developers to 'better' the city with a strip mall. It would not surprise me to find out that the crooked politicians in the Adams co. area were trying something stupid like this. Instead of calling your fellow citizens names, maybe you should form an action group with them and get to the bottom of this issue. No changes in politics (through history) have been made without people that STAND UP for their rights and the riights of others!
Posted by Idefinitelymight (Tom Scarborough) on January 7, 2009 at 10:30 a.m. (Suggest removal)
geauxtigers--your reasoning is breathtakingly asinine. Ever hear of the Constitution? You might want to read it sometime.
How is taking 13 acres of this family's land an example of "progress"? What would there to be "proud of" were this family to be deprived of their Constitutional right to property so that their land could be given to the Federal government for no compelling reason? Eminent domain is a last measure resort to be used sparingly and judiciously only when it is absolutely essential to the greater good of the community--widening the road to Emerald Mound hardly meets that standard.
Posted by happybunny (anonymous) on January 7, 2009 at 10:53 a.m. (Suggest removal)
geauxtigers, I would love to see how you would respond to being forced from your home and offered less than fair market value. If this were a legitimate logistical need, it would be different. It's a tourist destination. I feel really bad for these poor people.
Posted by mira128180 (anonymous) on January 7, 2009 at 10:58 a.m. (Suggest removal)
I feel for the lady, it's an invasion of her home. But everyone knows what they did to the Native Americans, they will always take what they want one way or another. Good luck in your fight.
Posted by redusmfan (anonymous) on January 7, 2009 at 12:30 p.m. (Suggest removal)
I know that the road needs to widened a little and a couple places straightened out some, but how much land do they need for this short road? I decent 2 lane road to the mound is all that is needed. There is no freaking way you can do a traffic count and justify anything more than a simple 2 lane road to the mound. It is not toured enough year round. Tourism is down and will go down more as gas goes up along with unemployment and personal financial crisis. This is the wrong time to be pushing these folks out of the neighborhood for a "feel good" project. If they want to spend a few million on roads around Adams County, MIGHT I SUGGEST SPENDING THE MONEY ON KINGSTON ROAD. It is state highway number something...or Liberty Road...another state highway....
Posted by dixiemama (anonymous) on January 7, 2009 at 12:40 p.m. (Suggest removal)
geauxtigers
Apparently you have never owned land or you would feel different.
Posted by sparky018 (anonymous) on January 7, 2009 at 1:21 p.m. (Suggest removal)
I live 6 miles down Kingston road and YES it needs it bad. Liberty road as well.. Spend the money where it is needed not where you think you need a dang 6 lane interstate going to a mound. Thats rediculous. I feel for those people and I hope it goes well for them.
Posted by fatherof4 (anonymous) on January 7, 2009 at 1:29 p.m. (Suggest removal)
No one owns land, you rent it from the state. Don't pay your taxes (rent) and see where it goes. They want it they take it.
Posted by GMS4844 (anonymous) on January 7, 2009 at 2:44 p.m. (Suggest removal)
this is so sad.People have lived here for years and years and now people want a new road so these people hath to sell there land.Thats not right my heart goes out to the family's that hath to pick up what has been home to them for years and move it somewhere eles not right at all
Posted by southernbelle3838 (anonymous) on January 7, 2009 at 3:33 p.m. (Suggest removal)
Where does she get the right to complain when she already sold her land? She didn't have to! I don't think you should be complaining after the fact! You know!
Posted by beammeupscotty (anonymous) on January 7, 2009 at 4:16 p.m. (Suggest removal)
Truth is the Emerald Mound was made with dump trucks and bulldozers. Sure there was a small hill there but what you see was built long after the indians had moved on.
Posted by barbarj1 (anonymous) on January 7, 2009 at 4:47 p.m. (Suggest removal)
I DON`T UNDERSTAND WHY THEY NEED THAT MUCH LAND JUST SO PEOPLE CAN GO LOOK AT A BIG PILE OF DIRT.
Posted by rivermaster (anonymous) on January 7, 2009 at 6:27 p.m. (Suggest removal)
The sad part is, If there was a horned toad, a woodpecker or some kind of exotic snail out there, They would go 3 miles around it making sure not to disturb them. But the good ole taxpayer has to move over.
Posted by whiterabbit (anonymous) on January 7, 2009 at 7:46 p.m. (Suggest removal)
Aren't people in Mississippi supposed to display license plates on their vehicles?
Posted by whiterabbit (anonymous) on January 7, 2009 at 7:49 p.m. (Suggest removal)
It's possible the plate is displayed in a window, but it does not seem to be where they are usually displayed.
Posted by whiterabbit (anonymous) on January 7, 2009 at 7:50 p.m. (Suggest removal)
Or maybe it's not used on public roads.
Posted by corvett40 (anonymous) on January 7, 2009 at 8:12 p.m. (Suggest removal)
I think they want the land to clean it up The Natchez Trace does not even let power lines go over the road They go under ,Some of the people own the land they want, I have to say MONEY CAN TALK. I wish I had some land out there I would hold out. They need to pay more MONEY...$$$$$$ IT TALKS
Posted by gottabehappy (anonymous) on January 7, 2009 at 8:17 p.m. (Suggest removal)
Just the photo of this woman breaks my heart.
Posted by airborne_walters (anonymous) on January 7, 2009 at 9:12 p.m. (Suggest removal)
In her position, I believe she was under the impression that they would only offer a one time take it or leave it proposal. I don't know this to be correct. I imagine what I would do if they wanted my home. I believe she took it out of fear of losing everything, especially if she has no funds for a lengthy civil law campaign.
Posted by charliebug5865 (anonymous) on January 8, 2009 at 9:09 a.m. (Suggest removal)
you know we all been to Emerald mound when were kids & or teenagers to slide down the hill and have Easter egg hunts, and play ball, and go on nature hikes, and just to have good, clean fun!!! Now I"m grown, and have been on all of those same creeks and trails w/ my kids, who by the way are all grown up! Sometime in the near future, I LOOK FORWARD to taking my 5 yr.old grandson, and my 2 yr.old granddaughter to have some OLD=FASIONED FUN! They are just getting to the age where they could really appreciate the history,why can't they just leave some things like they are, have they not commercialized The Natchez Trace ENOUGH? I must agree w/ many of the citizens , the roads should be kept safe, especially since it is Federally funded. I would say to all of you to go to the hearing on Jan.20,2009 & please stop them from changing something that will take away from what we"ve been priveledged to know as our history there in Adams cty. I was born there, and w/ some luck & the Grace of God, I"ll be able to retire and be by golly dead there. We recently bought a lot in Kingston to ensure that we can return home to retire. The roads ya"ll talking about really do need alot of work. Just monday night, my daughter was coming home from work at the Natchez Mall, just past the waterplant on Kingston there was a tree in the DARK rd. all the way across it she went over it before she could stop, so did another taxpaying citizens, they both have flat tires,& my daughters radiater was busted too. She said,she had just seen a deer & was going about 35 mpr. she knows they usually travel 2-gether, I was on the phone w/ her, cause I talk 2 her every a.m. & p.m., I was afraid she had hit one when I heard brakes squall! She dropped her phone, they both were o.k. though, just in shock, thank a higher power & a BAND OF ANGELS!!! I imagine if the people in charge of all the federal grants/funds could spend that $$$$ on widening the spots on LIBERTY & KINGSTON RD. it would be better spent, than taking these folks heritage away from their families & displacing them!!! In my abscence any & all CONCERNED & WANT TO CONSERVE THE EMERALD MOUND as it has been for yrs. to the owners Hoggat, Kimbro, & Newton, take all friends & family members to that meeting! I have to wander if the landowners who sold,had an attorney in their best interests, or could they afford 1 of their own? If not ,a good attorney could mean alot when legal mumbo involved! I would not leave my heritage unless its what ya really wanna do. I think they could improve alot of things, but, I think each time I come home, something else is done to improve the NATCHEZ TRACE, there is more to the plan than widening a road, sounds fishy. They probably gonna build something to do w/ something else & in 2 yrs. probably be empty like always. They"d have to physically remove me from my home place, 100 years is set in stone!
Posted by presby (anonymous) on January 10, 2009 at 8:38 a.m. (Suggest removal)
“It’s unusual not to have a public hearing on a property taking,” Watts said.
I don,t find the above unusual at all. It,s typical Natchez doings. Like i said most of the stupid things that are done especially of late are situations like these. Nothing surprizes me about the board and anybody in uptown Natchez that has any authority to make decision and this one is really the making of a bunch of supernits. How could any self-respecting idiot on the brink of insanity even let this one slip by.?
Posted by presby (anonymous) on January 10, 2009 at 8:39 a.m. (Suggest removal)
Herring then said the paperwork was given to “someone in the county,”
Wonder what the board would do if someone treated them with that much disrespect. I wish i could on a jury trial for them..
Posted by presby (anonymous) on January 10, 2009 at 8:40 a.m. (Suggest removal)
Jamming and scamming typical Natchez.
Posted by presby (anonymous) on January 10, 2009 at 8:45 a.m. (Suggest removal)
It,s always about the money. They are stealing it,,,,,,,everybody profits except the landowners..They can say historic this and old that and national parks ,but the moneygrabbers are right in the middle and could care less if the folks live or die.And that really is the truth.
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