Eminent domain battle ends in favor of landowner: Chattanooga TN Times Free Press, 8/31/06

By Dick Cook

It took seven years and a jury for two Whitwell men to get what they believe is fair compensation from a utility company in its taking of three-tenths of an acre of their land by eminent domain.

A Marion County Circuit Court jury on Wednesday awarded John Shelley and James Cooper $160,000 in incidental damages from the company that took a small portion of the men’s 27 acres of property off state Highway 28 to build a regulation station.

The company paid the men $8,000 for the lot, but the owners said the facility damaged the value of the entire tract.

“We wanted to settle,” said Mr. Shelley, who battled Marion Natural Gas System. “We didn’t want to go to court.”

Chattanooga TN Times Free Press: http://www.tfponline.com