Judge Amendment 2

Lenoir City council is set to take their second vote tonight, 2/8, on the amendment to remove the residence requirement for candidates for city judge. I'm sure it will pass unanimously as do 99.99% of all their votes.

According to a story in the News Herald, city officials said that the residency change was just to comply with state law. The last time city officials said they were just following state law was when they passed the Rain Tax and we know that wasn't true. Lenoir City is a Home Rule city. This means they have great leeway in passing local governing ordinances, including residency requirements for elected office.

Interestingly, there is nothing in the city charter or the code of ordinances requiring residency for candidates for the Lenoir City school board. Same as the treasurer/recorder position. Jim Wilburn, a county resident, has held that position for about ten years now.

As far as the judge requirements go, expanding the residency requirements would open the judges seat to any qualified attorney in the county. Word is that the mayor's preference is current city attorney, Gregory Harrison. Harrison does not live in the city.

Mayor Aikens and Attorney Harrison are not only governmentally associated, but have had at least one business transaction together.

Back in 2018, Mayor Aikens acquired a residential parcel of property at 1015 East First Ave. I say acquired because, according to the deed, Akins received the property by Quitclaim Deed. Shortly there after he had the property rezoned from residential to commercial. June of 2020, Aikens Quitclaimed the same property to Lenoir City attorney Gregory Harrison. The property was remodeled to become the new Priority Ambulance Service headquarters. On October 1, 2020, Gregory Harrison "Quitclaimed" the same property to Belle Investments of Blount County. 

According to the definition, "quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice versa) or in other special or unique circumstances." One must sign an affidavit that they received no money for the property and the property had no value. "The oath must reflect the actual consideration given for that conveyance. Consideration reflects anything of pecuniary value and need not be money, but its value must be able to be expressed in monetary terms."

Quitclaim deeds also allow the buyer to avoid paying the county and state transfer or recordation tax on the sale. Recordation tax is based on the greater of the consideration paid for the transfer of the property or the fair market value of the property. Realty transfer tax is $0.37 per $100 of purchase price for the realty transfer.

All that said, when the August 2022 Lenoir City judge election comes around, if he wants the seat, Lenoir City Attorney Harrison may well have the inside track.

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2/8/21