Fri
Sep 6 2013
02:08 pm

Mayor Burchett has decided he'd like to pawn off Seven Islands wildlife refuge to the state. Whether this is a good idea is debatable, and the mayor seems eager to brush past any discussion period as quickly as possible. This move would shift expenses from Knox County to the state, but it also shifts an asset from county ownership to state ownership. Is that wise?

More immediately, what are the legal requirements the county must meet when disposing of property? Should there be public notice and a comment period before the matter goes to county commission? How does this work on the state's side of the equation? Does this require approval from the Governor or the General Assembly or both or neither?

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jbr's picture

If it will for certain become

If it will for certain become a state park. Is that guaranteed?

From the Wilderness Society ...

Wilderness Under Siege

jbr's picture

I could see some great

I could see some great utilization of a Seven Islands Park as a starting point for regular kayak/canoe trips down to the south waterfront. River Sports has done that in the past.

With camp sites for folks starting farther up river as a stopover on two days trips to downtown.

Integrating this into what's evolving in South Knoxville could be pretty nice setup.

R. Neal's picture

According to Donila, the

According to Donila, the state plans to build some cabins and a bridge over to the island. Wonder how this would impact the wildlife refuge aspects of the property?

He also has this quote from South Knox Commissioner Mike Brown: "It’s a beautiful area with lots of birds and wildlife. We also should be able to get a lot of traffic off that and traffic means business."

rikki's picture

"the state" plans to build a

"the state" plans to build a bridge and some cabins? Who exactly is "the state" and where are these plans and the funds for bridge building? Does Donila have sources he can name and quote? Who has the power to commit to bridge building on the state's dime on land the state does not yet own?

mdonila's picture

Rikki, Brown and someone

Rikki,

Brown and someone else who's name I'm drawing a blank on told me about the cabins, bridge, etc.

Most people involved don't want to talk about it right now because the Legacy Parks Foundation wants to pat Big Bill on the back and let him make the announcement.

That happens at 11:30 a.m. on Sept 20 at Seven Islands.

Public apparently invited as the County Commission office this morning sent out a sunshine notice.

Burchett, Brown and Dave Wright are sponsoring the resolution that the commission will discuss presumably during its Sept. 16 work session.

WhitesCreek's picture

Sounds like a move toward

Sounds like a move toward commercialization. Anyone else remember when Sundquist said the only way to save state parks was to build golf courses in the wilderness and turn them over to concessionaires?

Mike Cohen's picture

The Bridge

The bridge has been planned for years, not sure why it hasn't been built yet. At some point I believe there was some grant or state money to help pay for it.

Don't know about the cabins, but the bridge is noting new.

I hope it remains a wilderness area. It's one of hte most beautiful spots in Knox County....it takes you to ridges and waterside in the same hike. Absolutely gorgeous.

Mike Cohen's picture

The Bridge

The bridge has been planned for years, not sure why it hasn't been built yet. At some point I believe there was some grant or state money to help pay for it.

Don't know about the cabins, but the bridge is noting new.

I hope it remains a wilderness area. It's one of hte most beautiful spots in Knox County....it takes you to ridges and waterside in the same hike. Absolutely gorgeous.

rikki's picture

It sounds like this bridge

It sounds like this bridge project is ready for groundbreaking! Is it a pedestrian/bike bridge? How much will it cost whomever ends up paying for it? Where's the Environmental Assessment? Any drawings to show off? Does the state legislature need to approve this?

Tamara Shepherd's picture

*

Rikki, I've thus far come across just these guidelines in the Tennessee Code:

12-1-106. Land acquired by commissioner -- Payment.

The commissioner of any department of the state, with the approval of the commissioner of finance and administration, is authorized to acquire land on behalf of the state either by purchase or condemnation for use for public purposes. The land shall be paid for out of any available funds in the state treasury not otherwise appropriated.

...and...

12-1-107. Application for purchase of land.

In the event it becomes necessary to so acquire any land under authority of §§ 12-1-106 -- 12-1-108, the commissioner of the department seeking to have the same acquired shall make a request in writing to the governor, giving in detail the location of the land sought to be acquired, its probable cost, the necessity for the acquisition and all other information the commissioner deems material, and if the governor approves the request for acquisition, the commissioner shall then be authorized to acquire the land.

R. Neal's picture

So, Gov. Bill can go to a

So, Gov. Bill can go to a commissioner he appointed, ask for a recommendation in writing, approve it, and it's good to go with no local or legislative drama required? Sweet! This could have beneficial possibilities under a different regime.

Tamara Shepherd's picture

*

Looks like the governor can condemn land for state acquisition, too, without the legislature's getting involved:

12-1-108. Condemnation request.

In the event it becomes necessary to condemn the land, the commissioner and the governor shall request the attorney general and reporter in writing to file the proper condemnation proceedings, which shall be under the general laws relating to the acquisition of land for public purposes by condemnation, authority being granted for that purpose.

The governor is required only to follow condemnation guidelines found at 12-1-201 through 206, it looks like.

Mike Cohen's picture

The bridge

Rikki:

It's been a few years so I don't remember all the details. There were some drawings, but mostly just conceptual. As I recall (and I could be wrong) the project called for a parking lot on the south side of the river and then a pedestrian bridge to the refuge. The idea was to give access to people in South Knox. It's a heck of a drive from South Knox to 7 Islands, despite being so close.

I don't know if that is still what is planned, but back when I was involved that was the idea and I suspect it is still the same.

Bbeanster's picture

Who is Big Bill?

Who is Big Bill?

citycountyman's picture

"Who is Big Bill?" I was

"Who is Big Bill?"

I was going to ask the same question :)

Bbeanster's picture

After consideration, I see he

After consideration, I see he must be referencing Bill Haslam. This is not a nickname that anybody who knows Bill would attach to him. There's only one "Big" in that family.

mdonila's picture

yeah, guess the dripping

yeah, guess the dripping sarcasm was lost

Bbeanster's picture

yeah, guess the dripping

yeah, guess the dripping sarcasm was lost

Pretty much.

rocketsquirrel's picture

Donila, how dare you create a

Donila, how dare you create a moniker without Bean's approval?

mdonila's picture

Yeah, I know and it all

Yeah, I know and it all happened with me trying to be helpful and answer a question.

rocketsquirrel's picture

that's how it usually

that's how it usually happens.

Average Guy's picture

Another solution looking for a problem.

What Mr. Brown and others seem not to get is that the biggest threat to “wildlife” is man. (i.e.: “traffic” & “tourists”)

Yes, it’s not that easy to get to. And yes, that’s part of the reason it’s been preserved the way it has.

R. Neal's picture

Maybe it comes down to a case

Maybe it comes down to a case of benign neglect by the county that benefits wildlife v. willful neglect by the state for the future benefit of resort developers.

Average Guy's picture

Ah,

the TVA model!

rikki's picture

mussels

Prior efforts toward building a bridge near Seven Islands were scuttled when TVA and USFWS noted the presence of protected mussel species in that stretch of the river.

Mike Cohen's picture

The bridge

Thanks, Rikki. That was after I was involved. Hard to imagine it getting built by anyone if that is the case.

Too bad, it really would be nice to give access to folks on the south side.

rikki's picture

I would think a

I would think a pedestrian/bike bridge could be built without disturbing the mussel beds. A suspension bridge anchored on the banks would preserve the riverbed. I don't know what that does to costs. The river is pretty broad there.

Mykhailo's picture

Prior efforts toward building

Prior efforts toward building a bridge near Seven Islands were scuttled when TVA and USFWS noted the presence of protected mussel species in that stretch of the river.

FINDING OF NO SIGNIFICANT IMPACT
REQUEST FOR SECTION 26A APPROVAL FOR A PEDESTRIAN BRIDGE AT
SEVEN ISLANDS WILDLIFE REFUGE

(also, the environmental assessment)

edit: although, maybe FWS decided differently? Seems unlikely, though.

Mello's picture

how many acres?

edit- according to the IRS the Seven Islands Foundation holds the easement on 360 acres.

AnonymousOne's picture

"Mussel species?" Like a

"Mussel species?" Like a snail darter?

Mykhailo's picture

"Mussel species?" Like a

"Mussel species?" Like a snail darter?
Yes.

Also, "snail darters", like a snail darter, as well.

bizgrrl's picture

In reviewing some of the

In reviewing some of the property data (KGIS) for Seven Islands, it would appear the Legacy Parks Foundation donated some of the land. It seems that at least 13 acres (parcel ID 113 078) has a 2010 deed restriction the land is restricted to facilities for a pedestrian footbridge and related uses of such a pedestrian footbridge and of a public and/or community park and recreation area, etc. If not used for restricted purposes within 5 years it reverts back to the Grantor, Legacy Parks Foundation.

Can't say that I know anything about deeds, restrictions, or property details. For all I know there could be other documents changing these restrictions.

Also note, it appears the islands are privately owned, two by Peter H. Claussen, etc.

jbr's picture

The Nature Conservancy of Tennessee

From Guidestar ....

Board Chair Mr. H. Peter Claussen

The Nature Conservancy of Tennessee

Mike Cohen's picture

Pete Claussen

IF anybody is responsible for the creation of 7 Islands, it's Pete Claussen, who led the effort and donated much of the land.

Mello's picture

back to Rikki's original question

This move would shift expenses from Knox County to the state, but it also shifts an asset from county ownership to state ownership. Is that wise?

The Seven Islands Foundation (Claussen) holds the conservation easement on 360 acres. If it takes the state to come in and create that pedestrian bridge or maybe ferry access/whatever on those 13 or so acres the LPF bought in 2010 then yes, I think this is a good idea.

This report on its history and the fact that the county does not own the conservation easements should keep the refuge in its natural state.

When the resolution for the transfer of ownership does hit the CC I hope it includes a very detailed history of the refuge and thanks all the many groups and individuals that have worked so hard to preserve it for the public's enjoyment.

Then again, do these groups support this transfer to the state?

rikki's picture

To clarify, I don't have a

To clarify, I don't have a problem with the product here so much as the process. It doesn't seem right for this to be presented to the public as a done deal, where the votes of county commission and whatever other legislative bodies need to approve it are conducted as an afterthought, and so few details about scope and costs are known.

Is this being done because it enables state funding for the bridge or because Burchett doesn't want to pay for bushhogging the fields? I think the public has the right to know what's going on here, what it will cost and why it's a good idea.

Tamara Shepherd's picture

*

Since that statute that appears to guide the transaction, 12-1-107, says in part...

...the commissioner of the department seeking to have the same acquired shall make a request in writing to the governor, giving in detail the location of the land sought to be acquired, its probable cost, the necessity for the acquisition and all other information the commissioner deems material...

...it would seem that this written request to Haslam would answer several of the questions you pose.

Maybe a FOI request for this document?

Mello's picture

or perhaps

perhaps the key to this is how Rocky Fork became the newest state park.

(link...)

or maybe the how of Cummins Falls State Park. I am not even sure that the State owns Cummins. It may be owned by the Tennessee Parks and Greenways Foundation.

Bbeanster's picture

Cummins Falls was saved from

Cummins Falls was saved from developers primarily through the work of Kathleen Williams-Mooradian, director of the Tennessee Parks and Greenways Foundation. She worked tirelessly to raise the money and awareness to get this done.
She is, btw, Don Williams' sister.

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