294 Ga. 455
Ga.2014Background
- Eminent-domain dispute over 7.63 acres in Bacon County linked to Lake Alma project condemned in 1973.
- County/city acquired rights via condemnation; Lake Alma funded by Federal Model Cities program for multiple development projects.
- Lake Alma was not completed; in 1985 county granted undivided one-half interest to the City of Alma.
- 1992 OCGA § 36-9-3 amendment allowed repurchase by heirs of original owners, but did not provide for heirs when created in 1973.
- 2003 conveyances: county and city to Bacon County Development Authority, then to Southeastern Maintenance; 2005 easement to Darling; 2005/2007 Darling deeds securing portions of the property.
- 2010 amendment to OCGA § 36-9-3 expanded repurchase rights to heirs; Carter heirs sought to quiet title and ejectment; trial court awarded Carter heirs, finding 2003 conveyance invalid for lack of minutes entry and 2003/Southeastern transfer invalid for lack of an applicable economic-development plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Darling can be a bona fide purchaser despite OCGA 36-9-2 defects. | Carter heirs say defective county conveyance voids curent title. | Darling contends failure to record minutes does not void title against BFP; no notice issue. | Yes; Darling is a bona fide purchaser; Carter heirs’ title not superior. |
| Whether the 2003 conveyance to Southeastern Maintenance was invalid for lack of an alternative public-use plan. | Carter heirs argue no new economic plan; conveyance invalid. | conveyance for public purpose; no mandate to reformulate a plan at that time. | No; 2003 disposition did not require a new redevelopment plan and was constitutionally permissible. |
| Whether the 2003 conveyance to Southeastern Maintenance violated Urban Redevelopment/related law. | Property not within redevelopment statute; improper sale to private developer. | Conveyance served public purpose and predated 2006 private-property protections. | Not violative; proper public-use consideration supported. |
Key Cases Cited
- Galloway v. Bd. of Commrs. of Banks County, 246 Ga. 472 (1980) (non-reversion where public purpose abandoned does not invert title)
- Head v. Lee, 203 Ga. 191 (1947) (no exception to minutes-record requirement in OCGA § 36-9-2)
- West v. Fulton County, 267 Ga. 456 (1997) (no minutes-record exception; authority to convey must be recorded)
- Montgomery v. Barrow, 286 Ga. 896 (2010) (notice of prior unrecorded deeds can create duty to inquire)
- Talley v. Housing Auth. of Columbus, 279 Ga. App. 94 (2006) (reaffirmed public-use conveyance authority for redevelopment context)
- Kelo v. City of New London, 545 U.S. 469 (2005) (emphasized public-use/ redevelopment concerns in eminent domain)
- Deutsche Bank Nat. Trust Co. v. JP Morgan Chase Bank, N.A., 307 Ga. App. 307 (2010) (confirms validity of deed despite misnomer if identity is clear)