Board of Equalization Conducts Hearings

Board of Equalization (BOE) members Francis Cason, LaRue Camp, and Thomas Jordan conducted two of three final Board of Assessors (BOA) appeal hearings Monday afternoon.

Both appeals settled were regarding conservation use (CU) covenants previously granted and later removed by the BOA.

Charles O’Kelley, a 23 acre landowner in the Cooks Meadow area, was the first up for review. Chief appraiser Lynn Bentley explained that the applicant’s property was placed under CU in 2002 and removed this year because of restrictive covenants following a county-wide review by the BOA.

Mr. O’Kelley argued that he was not limited on agriculture production. He said that currently he is raising timber and plans to keep the land in his family without developing it. He also said that at the time of application, the BOA did not request any qualifying use of the land.

Mr. Jordan inquired of the chief appraiser as to why the applicant was denied CU if the BOA never asked for a qualifying use.

“Lots of things were incorrect in the past. The new board is trying to correct those wrongs now,” replied Mrs. Bentley.

The BOE voted 3-0 to reverse the BOA’s removal of Mr. O’Kelley’s property from CU based on the premise that the board had no legal authority to remove the covenant.
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Teresa and William Williams, owners of 10.84 acres in Rock Eagle Farms, presented practically the same case as their appeal hearing predecessor. The Williams were granted CU in 2002 and were also removed this year.

Mrs. Bentley said that a review of their property turned up a covenant restricting chicken and hog production and was thus denied on that basis along with the property being deemed primarily residential.

The applicants submitted a letter from the original property owner regarding the zoning of the property and a letter from a timber harvesting company confirming timber production.

Mrs. Williams said that there was no chicken or hog production but that they do have animals.
The BOE also reversed 3-0 this BOA denial.

Chairman Cason informed both applicants that they would be informed of the decision granted by certified mail. He also informed them that the BOA had the right to appeal the decision to Jasper Superior Court.

The last and final appeal hearing for Timberland Harvesters will be rescheduled.