Property War!

[insurance_appraiser]

Dawson County goes to war with Lumpkin over borders
By CHARLES DUNCAN

Walter Danchak wants to live in Lumpkin County.

He's gone as far as transferring his property deed to the Lumpkin County Tax Commissioner. He lives near the triangle of three county borders - Dawson, Lumpkin and Hall.

His pursuit to claim Lumpkin County as his county of residence is on track to cost Dawson County taxpayers more than $150,000, or 50 percent of shared costs with Lumpkin County taxpayers. It's the cost of resurveying the Dawson-Lumpkin lines off Georgia 400 northbound.

Danchak's pursuits of a place on the Lumpkin County tax rolls have already cost Dawson County taxpayers more than $25,000 in legal and research fees in addition to legal fees spent by Lumpkin County government.

Danchak, who purchased his property in 1984, contends that the county line that has been in place since 1857 is in error. A copy of the general warranty deed granting right of survivorship dated Oct. 14, 1997 clearly identifies the Danchak property as being in Dawson County. However, he contends that on principle, he should be living in Lumpkin County.

Danchak has gone as far as asking the Lumpkin County grand jury to determine that a dispute exists, which they did, Dawson County Attorney Joey Homans said.

"We were invited during one session," he said. "When all was said and done on that day, the Lumpkin County grand jury made no decision.

"Then, out of the blue, we're notified that the Lumpkin County grand jury has ruled that there is a dispute in the county boundaries. We were not invited to that session, we simply received notice of a dispute," Homans said.

By law, the dispute was turned over to the Governor's Office, which ruled that a survey must be done, Homans said.

"We're at a point of no return," he said. "Once the torch is lit, there is no putting it out."

Gov. Sonny Perdue appointed a surveying company out of Macon to handle the chore of resolving the boundary dispute at a price tag of $300,000 plus. Both counties agreed to waive that option and agreed to bid out the surveying services in hopes of saving money.

On Monday, both sides agreed to the source materials to be used in the survey, Homans said.

"We can now seek bids to survey the boundary," he said.

Dawson County government officials contend if there is a boundary error, the line will move northward taking in property currently on the Lumpkin County tax rolls.

Dawson County also asserts that until the dispute is resolved, Danchak is a Dawson County resident and could continue to be after the resolution.

Should a survey uphold that claim, Lumpkin County could be in trouble - Danchak is a member of the county's Board of Elections and Registration. For the time being, Dawson County asserts that until the dispute is resolved, Danchak is a man without a county.

Legislation approved by the Georgia General Assembly in 2003 requires a member of the Lumpkin County Board of Elections to be a county elector (voter) and resident of that county. Dawson County contends that Danchak is not a resident of Lumpkin, thus posing a legal quandary for Lumpkin County.

Danchak according to Georgia Online Voter Registration information Web site has been registered to vote in Lumpkin County since 1998. His wife Ann Danchak has been registered to vote in Lumpkin since 1997, according to Georgia Online Voter Registration database.

A check of Dawson residents living along the same border shows 11 other Dawson residents with Dahlonega addresses are registered to vote in Lumpkin County.

Lumpkin's Election Superintendent Kimberly Pruitt, who came on board long after the Danchak dispute was in motion, said the most updated Lumpkin County tax map prepared by the Lumpkin County planning department in October 2005 shows Danchak in Lumpkin County.

Dawson County tax map records dated Dec. 4 show Danchak and his neighbors living in Dawson County.

Pruitt said that Danchak came on board Lumpkin's Board of Elections and Registration before she took the job as elections supervisor. She said that health issues have limited Danchak's ability to participate on Lumpkin's election board since May.

Dawson commissioners are beginning to wonder if Danchak's presence on Lumpkin's board of elections and registration has any bearing on the Lumpkin Board of Commissioners decision to fight Danchak's legal battles at a high cost to taxpayers in both counties.

Danchak paid his 2005 tax bill in Lumpkin County, a copy of that document shows. The only problem with that is that Dawson County Tax Commissioner Linda Townley says according to the boundary that separates the neighboring counties, Danchak's residence at 172 Sosebee Drive is on the Dawson County tax books.

Danchak's assertion dates back to 2003 and now has commissioners in Lumpkin and Dawson counties are at odds over the boundary.

Danchak contends that neither county has formally determined the line that separates the two counties.

A copy of a legal threat - a temporary injunction against Townley and Dawson County - that was never filed in Dawson County Superior Court asserts that Danchak and two neighbors have relied on information that includes Global Positioning Satellite data, commercial maps by professional cartographers and U.S. Army Corps of Engineers survey data to determine their property is in Lumpkin County. The document also asserts that Danchak has commissioned surveys that support his boundary claim.

Documents obtained by Dawson County government from the Army Corps of Engineers in Mobile, Ala. assures officials in Dawson that the Corps of Engineers does not use markers to identify county lines.

The Danchaks and two other families were represented by Kelso Casey Horne Jr., who also represents the Lumpkin County Board of Commissioners, to obtain a consent order that Dawson County would not file tax levies until the boundary dispute is resolved.

Dawson County commissioners contend that Horne's representation of Danchak, his wife Ann Danchak, Miles Rhyne Hoffman, Nicola Mugatroyd, David Alexander and Mary Louise Alexander in the boundary dispute, in addition to advising Lumpkin County government of its legal avenues in the controversy, presents a legal conflict of interest.

"It's gotten to the point where both Dawson and Lumpkin counties need to determine just how much Mr. Danchak's personal principles of living in Lumpkin County is going to cost taxpayers in Dawson and Lumpkin counties," outgoing Dawson County District 3 Commissioner Jim King said. "No one has questioned the boundary in 149 years. The individuals knew they lived in Dawson County when they purchased their property - it states that fact clearly on their land deeds.

"If they had wanted to live in Lumpkin County, they should have bought property in Lumpkin County," he said. "This whole ordeal is going to hit taxpayers in both counties hard in the pocketbook. On principle, that's just not right."



http://www.dawsonadvertiser.com/articles/2006/12/06/news/news03.txt
_________________
David J. Hayes

[insurance_appraiser]

Border decision looms
By CHARLES DUNCAN

Commissioners in Lumpkin and Dawson County will soon decide who will survey the county borders in the boundary dispute between the two local governments.

County Attorney Joey Homans briefed the Dawson County Board of Commissioners on the status of its border dispute with Lumpkin County.

Sealed bids have been secured for some time now, waiting for the five-member Lumpkin County Board of Commissioners to make a move, Homans told the Dawson commission board.

Apparently, things are ready to progress in terms of selecting a surveyor, Homans said.

The dispute revolves around Dawson County resident Walter Danchak's desire to live in Lumpkin County.

He's gone as far as transferring his property deed to the Lumpkin County Tax Commissioner. He lives near the triangle of three county borders - Dawson, Lumpkin and Hall.

His quest to claim Lumpkin County as his county of residence is on track to cost Dawson County taxpayers more than $150,000, or 50 percent of shared costs with Lumpkin County taxpayers. It's the cost of resurveying the Dawson-Lumpkin lines off Georgia 400 northbound.

The dispute has already cost Dawson County taxpayers more than $25,000 in legal and research fees in addition to legal fees spent by Lumpkin County government.

Danchak, who purchased his property in 1984, contends that the county line that has been in place since 1857 is in error. A copy of the general warranty deed granting right of survivorship dated Oct. 14, 1997 clearly identifies the Danchak property as being in Dawson County. However, he contends that on principle, he should be living in Lumpkin County.

Danchak asked the Lumpkin County grand jury to determine that a dispute exists, which they did, Homans said.

Dawson County was invited during one Lumpkin grand jury session and when all was said and done on that day, the Lumpkin County grand jury made no decision.

"Then, out of the blue, we're notified that the Lumpkin County grand jury has ruled that there is a dispute in the county boundaries. We were not invited to that session, we simply received notice of a dispute," Homans said recently.

The dispute was turned over to the Governor's Office in accordance with state law. The Governor's Office ruled that a survey must be done, Homans said.

"We're at a point of no return," he said.
_________________
David J. Hayes

[vix]

So why is he making such a fuss about saying he lives in Lumkin county instead of Dawson County? Are the taxes less?