By MICHAEL PEARSON
ATLANTA, Ga., Oct. 16, 2000 (The Atlanta Journal-Constitution)—The map of Henry County's proposed reservoir straddling the border with Butts County looks a bit like the shadow of a fire-breathing creature reaching across the county line.
To some landowners and members of the Butts County Water and Sewer Authority, both of whom oppose the proposal, that's exactly what it is: a monster gobbling up 3,000 acres of the county's land —- without the county's approval.
The Henry County Water and Sewer Authority has argued in court that it has the authority to condemn land in other counties for projects meant to serve a public benefit. So far, the authority has been successful.
But to the group of siblings battling Henry County's effort to condemn their four acres of land, and at least some officials in Butts County government, the argument seems excessive.
"If you adopt the view of Henry County Water Authority, they could go anywhere and take land: Atlanta, Sandy Springs, Cobb County. That's a devastating expansion of power," said attorney Jim Patrick, who is fighting the condemnation in court on behalf of himself and his siblings.
Such disputes are expected to become increasingly common as growing Southside counties run out of suitable places to build reservoirs and other public works, said Ross King, director of the Georgia Water Management Campaign of the Association of County Commissioners of Georgia.
"I don't fault any county official for focusing on their jurisdictional boundaries; we've all been trained that way," King said. "But now comes a time when we have to think more regionally."
The Henry-Butts dispute dates to 1994, when the counties first began negotiating a compact over water sharing, property taxes and other issues related to construction of the 1,665-acre Tussahaw Reservoir east of Locust Grove. About 20 percent of the reservoir will be in Butts County.
Since then, the Henry County authorities and the Butts County Commission have approved one of 34 proposals suggested by the Henry water authority. But the Butts County water authority has refused to go along with any of the proposals, saying the reservoir poses dire environmental threats, violates the authority's jurisdiction over county water issues and would take away water that rightfully belongs to to Butts County.
"We're trying to promote real regional solutions to water issues, and that has not happened here," said Marcie Seleb, director of the Butts County authority.
In the meantime, Henry County has moved ahead with condemnation proceedings against 20 parcels of Butts County land. Files concerning the condemnation take up an entire shelf in the office of the clerk of Butts County Superior Court.
In Patrick's case, he claims Henry County's water authority has not been given statutory authority to condemn land anywhere, much less outside of Henry County.
But Henry County officials say laws authorizing it to issue bonds also give it the authority to condemn property.
Last month, visiting Butts County Judge George Culpepper ruled that Henry County does have the authority to condemn Butts County land.
Last week the Georgia Court of Appeals rejected Patrick's request for an early appeal of Culpepper's ruling. That clears the way for a trial to determine how much Patrick and his siblings should be paid. No trial date has been set.
Jim Grubiak, general counsel for the ACCG, said it does not appear that a dispute over condemnation powers involving two counties has been tried in Georgia courts. He said the law does not appear to address the issue.
Patrick said he will appeal the legality of the condemnation once the trial is complete.
"These powers are awesome, and so they have to be tightly controlled," Patrick said. "That's not being done here."
©Copyright 2000 The Atlanta Journal-Constitution
