Senator Niceley Touts Brownfields Over Proposed Megasite Location

Tennessee Senator Frank Niceley speaks to joint meeting of SOFAH & Jefferson County Tomorrow
– Staff Photo by Jeff Depew

State Senator Frank Niceley was in attendance at the Saturday joint meeting of SOFAH and Jefferson County Tomorrow, two public interest groups that have been outspoken regarding property owner rights and the direction that Jefferson County is heading in the quest for economic development. Senator Niceley addressed a room of around 200 citizens and local elected officials about issues that are facing the County, including the proposed Norfolk Intermodal, the Body Farm and the proposed Megasite. Senate Bill 1189, which mandates that agricultural property that will be taken by eminent domain for use must be paid fair market price for the highest use of the property, failed in subcommittee. Niceley introduced the Bill in the Senate and Jeremy Faison introduced a like Bill in the House to assure that agricultural property is not taken at a lower price and then rezoned for a higher commercial use.  The Senator stated that the Bill has opposition from Chambers of Commerce in the State and, purportedly, the Governor has expressed opposition to the Bill. He stated that there has been interest on the part of some State officials to look toward brown fields for economic and industrial development, rather than prime agricultural property. The existing Enka site has garnered attention on the State level, though the property does not meet the 1000 acre minimum for a Meagsite. Senator Niceley stated that the brown field site would require some investment, however the figure is much more palatable than the cost of a Megasite and the site already exists unutilized.

In regard to the Body Farm, Senator Niceley has instigated a Bill that would halt the progress on the Body Farm until guidelines are in place. He stated that there are currently no regulations on the books and that TDEC will most likely instigate rules and regulations for Body Farms which could impact an existing Body Farm’s compliance.

Senator Niceley stated that the proposed Norfolk Southern Intermodal in New Market would be the small comparatively to other Intermodal locations. According to Niceley, there has been interest expressed by Jimmy Duncan in shifting the Intermodal to the John Sevier Yard, which would reinvigorate that area and preserve existing agriculture. He encouraged those opposed to the Megasite, Body Farm or Intermodal to contact State officials through phone, email and letters.

Local Commissioners Anna Barreiro and Rob Blevins were in attendance at Saturday’s meeting. Commissioner Barreiro gave a brief address of encouragement for property owner rights and stated that she has concerns regarding the ability of the County to fund the current ventures that are proposed without a large scale tax increase. According to information stated at the meeting, the cost of infrastructure to Jefferson County for the Intermodal is around $33 million. The cost associated with the proposed Megasite has been reported as low as $60 million and as high as $306 million, depending upon any assistance from the State.

Scott Hurley, attorney for property owners in the Megasite footprint, stated that there is a serious breach in the historical use of eminent domain, which was for the greater good of the people. Hospitals, roads and schools have been some of the traditional uses of land acquired by eminent domain, however, Hurley stated that there has been a recent and insidious expansion of the use of eminent domain for the purpose of giving private land to big business in order to attract industry. Hurley stated that the issues facing Jefferson County are reflective of other areas in the Nation and that the root conflict is about what is proper for the government to do regarding private property. Vicki Sawtelle, of Jefferson County Tomorrow, gave both opening and closing statements about the likenesses of purpose of the two organizations and the realization that every taxpayer in Jefferson County has a significant financial stake in these issues.