Concerns mount over greenways, property use and Town planning
Those concerns were discussed further during a March 18 meeting at the farragutpress.
“My concern is there are misrepresentations that the Town has made concerning this situation,” said Shirley Harkins, a Turkey Creek resident who is involved in an active lawsuit against the Town regarding eminent domain.
The lawsuit came about after the Town included Turkey Creek Road in its 2026 Capital Investments Program even though a lawsuit was filed to stop what residents perceived to be the threat of eminent domain. Knoxville attorney John Neal filed the compliant in Knox Chancery Court in July 2024.
According to the lawsuit, “… The Town has long planned for this condemnation. During this entire process the project has variously been identified as the Turkey Creek Greenway Extension, the Turkey Creek Greenway Connector or the Turkey Creek/Brixworth Greenway Connector. As recently as March 28, 2024, the Town adopted a 2024 “Strategic Plan” in which it referred to ‘funding for Turkey Creek Road Greenway Connection.’
“There is not one document promulgated by the defendants, which suggests that there is any purpose for the project other than extension of the greenway. The proposal by the engineering firm engaged by the Town suggested three possible alternatives for the extension, one including only a minor 2-foot widening of the road in connection with the greenway work.
“Then, on April 24, 2024, the Tennessee Legislature replaced T.C.A. 29-17-102 with a new version that prohibits the condemnation of private property for “recreational facilities, recreational purposes or parks. … (except for) (A) The acquisition of any interest in land necessary for a road, highway, bridge or other structure, facility or project used for public transportation” the lawsuit stated.
“… Suddenly, the Turkey Creek Greenway extension was no longer a greenway project. … The Town promptly adopted a new budget that referred to the project as ‘Turkey Creek Greenway/Road Improvements.’ The mayor (Ron Williams) wrote an email on June 13, 2024, in which he stated that the project was ‘primarily to improve safety’ on a ‘dangerous curve’ and he referred to the greenway work as ‘sidewalk/trail extensions.’
“When the defendants met to consider the proposed budget, the mayor even stated that he had always thought of this as being a road improvement project,” it stated. “In other words, the Town tried to evade the statute by re-naming the 'Greenway Extension’ as a road improvement project with related sidewalks.
“Plaintiffs aver that this is essentially an effort by the defendants to defraud them by renaming the project while still accomplishing the long-intended seizure of their property for a greenway extension.”
The statue to which the lawsuit referred was Senate Bill 1984 (2024), which restricts eminent domain for parks and recreational facilities. The bill explicitly excludes recreational facilities, parks and greenways from the definition of “public use.” But, the prohibition does not apply to projects necessary for public transportation, such as roads, highways and bridges.
Harkins said the Town did not have right-of-way in some cases and alleged engineering plans showed potential property impacts down to “the 100th of an acre.” She also questioned the approval process for plans brought forward May 16, 2024.
“There was never any discussion,” she said. “It was brought up for an up-or-down vote.”
Residents also raised concerns about the feasibility of proposed greenway and road projects.
“There’s massive quantities of rock that will have to be drilled out,” Harkins said. “It would be extremely devastating to the first property.”
Evans Road resident Greg Wiberley, a candidate who is currently running for South Ward alderman, said earlier proposals would have required taking part of his property.
“They wanted to take at least 20 feet of my property,” he said.
Wiberley also questioned shifting project plans and feasibility, saying some routes were previously deemed “unconstructible.”
“They’re trying to take a country road and turn it into an urban streetscape,” he said. “It’s just not practical.”
Teqwyn Pryse, also an Evans Road resident, expressed concern about impacts to her family property.
“That would be devastating for my mom to see,” Pryse said.
Residents also cited concerns about tree removal, traffic changes, wildlife disruption and maintenance issues tied to greenways.
Harkins said a greenway near her property could create unwanted impacts.
“My front yard will become a big dog poopy park,” she said.
In response, Town officials said eminent domain is not the preferred approach but remains a legal tool when necessary.
“The first thing is we don’t want to go to eminent domain,” LaCroix said. “It’s not our plan.”
He explained the Town evaluates roads based on surface conditions and structural integrity before determining whether improvements are required. If upgrades are needed, engineers design plans based on topography, roadway classification and existing right-of-way.
“If we can put a road in within the current right-of-way, that’s what we do,” LaCroix said.
If not, the Town may need easements for drainage, slope or construction, he said. Property owners are approached with appraisals and negotiations before any further action is taken.
“There are four types of easements that we deal with: construction, drainage, slope and fee simple,” LaCroix said, noting fee simple acquisitions involve purchasing property when necessary.
Town attorney Tom Hale said eminent domain is a long-standing legal authority.
“The Constitution of the United States allows the government to take people’s property for public use, provided it pays market value,” Hale said.
He added the Town historically has worked with property owners without litigation.
“We didn’t have to file a lawsuit,” Hale said. “We were able to reach an agreement.”
Town administrator David Smoak said planned projects are intended to improve infrastructure and address drainage and slope issues.
“We’re legitimately doing road improvement projects to benefit the public,” Hale added.
