ATLANTA — It’s part of an eminent domain battle that has been going five years – the city has already demolished homes for a flood control project, but three homeowners refuse to let go of their properties.
For nearly 30 years, Bertha Darden and her husband Robert have called Peoplestown their home. It’s where they raised their four children while Robert worked as a city employee.
They thought it would be the same place they’d live out their retirement. But that changed about five years ago.
The Dardens along with their neighbor Tanya Washington are being sued by the city as they fight to keep their homes.
“We are now in litigation over whether they properly and lawfully took our homes,” Bertha explained. “We shouldn’t have to leave our home that we have struggle through the hard times to stay here to live comfortably as retired decent citizens.”
The city has taken over the land through eminent domain for a flood control project. Washington said 21 homes were demolished, displacing long-time residents.
“I am sad for my 22 neighbors who used to live here, some of whom only settled with the city over a backdrop of a threat,” Washington said.
She and the Dardens call themselves the last three “home defenders.”
“People want to refer to us as hold-outs, but that implies we’re doing something that we don’t have a right to do or shouldn’t be doing,” Washington said. “We’re not holding out by defending property that we purchased and paid fair and square.“
The trio are skeptical the city will use the acquired land to manage flood waters when they see high-priced new construction frequently popping up.
A judge previously ruled in favor of the city, but new evidence from engineers will put the defenders back in court Monday.
“They’re saying that there’s no technical data to support the necessity of taking the homes to build this park and pond,” Washington said.
She said her house is 91 years old with a full basement, but there's never been evidence of flooding.
“If it’s not necessary, then it’s not legal for you to do it," she said.
Either way the Dardens said they plan to stay.
“This is where my family was raised at. This is where my life is,” Robert concluded.
The group will be in court Monday at 2:30, which is also Mr. Darden’s birthday. As such, they said they are feeling extremely optimistic about the outcome.
