The Tennessee legislature passed a bill that
could settle an ongoing dispute between Loudon
County and the Tellico Village Property Owners
Association over hundreds of lots encumbered by
delinquent POA assessment fees and property
taxes.
House Bill 2343, and its counterpart Senate Bill
1949, gives chancellors the authority to waive a
county’s bid on properties that come under local
government ownership through a delinquent
property tax sale if, as determined by the
county mayor, “the value of the property or
amount of money the county would receive if the
county sold the property exceeds the financial
or environmental risks of the property.”
An amendment introduced by state Sen. Ken Yager,
R-Kingston, would have replaced “or” with “and”
in that section of the bill, which concerned
county officials because both conditions would
have had to be met for the county to acquire the
property. The amendment was withdrawn April 20.
“That gives the county some protection and
thereby gives the county residents, county
taxpayers, some protection,” Loudon County
Mayor Rollen “Buddy” Bradshaw said. “I think
it’s a great bill. I think it’s going to be
advantageous for both sides involved. ... It
doesn’t necessarily hurt either side. I
think it helps both sides. It gives that
tool there where negotiations will be made,
and we can get these properties back on the
market and get somebody maybe building on
them and continue to grow as a county.”
HB2343 gives a county mayor 90-120 days to
the determine risks associated with putting
a property in the tax sale.
“This is extremely beneficial to the
county,” Commissioner Van Shaver said. “This
now will allow us when the property sale
comes up we can put those — by the time the
sale comes up — we can put those 700 or 800
lots on the sale and hopefully sell them,
sell some of them and get them back on the
tax rolls, and we don’t have to worry
anymore that if they don’t sell then the
county taxpayers will be stuck with having
to pay that POA fees that’s been on them all
these years.”
POA public relations manager John Cherry in
a previous interview said Tellico Village
property owners account for about $7.4
million in annual taxes in the county. Dues
would have amounted to $571,536 based on the
POA’s current assessment fee of $117.60.
Through a statement issued Monday, Tellico
Village POA officials said a written
proposal was made to the county last month
to accept transfer of all Village lots not
sold through a public tax sale.
“The POA’s proposal would relieve the county
of all liability for all assessments that
accrue during the period that the county
holds title to the lots after the tax sale,”
the statement said. “The POA’s offer is not
contingent on this new legislation and will
not be impacted in any manner by the new
legislation. The county is currently
reviewing the particular language of POA’s
proposal with its outside legal counsel, and
the POA has been informed by the county that
it generally intends to accept the POA’s
offer to resolve the matter. ... The POA
firmly believes the proposal it recently
submitted to the county is the most
straightforward and economical means to
resolve this issue for the benefit of the
county and Tellico Village.”
Hopes are to come to an agreement in the
near future, Bradshaw said.
“I think we’re close. I certainly hope we
are,” he said.
Shaver said he felt discussions with the POA
were “irrelevant” with the passing of
HB2343.
“This bill eliminates any need to negotiate
with the POA in any shape, form or fashion,”
Shaver said. “We can move forward, put the
lots up. Again, there’s — by the time the
next sale comes, which now has been moved to
2017 — October of 2017 — there will probably
be an excess of 800 of those lots setting
there delinquent, and we can slap them right
up there for sale and hopefully some would
sell. We would hope that some would sell and
get them back on the tax rolls.”
While the law “gives a certain level of
protection,” Bradshaw said the county does
not wish to be in the “real estate
business.”
“(Realtors) have far better resources to be
able to sell that property than the county
would,” Bradshaw said. “So, getting it out
of the county’s hands and into theirs would
be an ideal situation.”
State Rep. Kent Calfee, R-Kingston,
sponsored the bill initially because of a
incident in Roane County in which a burned
building valued at $15,000 cost the county
$600,000 to demolish.
“Hopefully, we’ve got this taken care of,
and we won’t have to look at this again,”
Calfee said. “Of course, hopefully the
economy will improve and a lot of these lots
will start selling.”
State Rep. Jimmy Matlock, R-Lenoir City,
said state representatives will continue
working to ensure both parties are “100
percent happy.”
“When you fix one side of it, five other
people pop their head up,” Matlock said.
“It’s one of those difficult things I’ve
tried to work on, and Rep. Calfee put a lot
of time into it this year. Again, we tried
three years ago, (Sen. Randy) McNally and I,
to work on it, and we spent two years on it,
didn’t get it exact. Calfee worked on it
almost all this year and didn’t get it
exact. I’m just not sure that we’re going to
get (it perfect), but we are trying our
best.”
In addition to speaking with Tellico Village
POA officials, Bradshaw said he has had
similar conversations with Rarity Bay
representatives on delinquent properties.
“We’re going to reach out to them, and
that’s not as many properties,” he said. “So
we’re going to encourage a way for the
developer to take them back. There’s a few
in Tennessee National. I think there’s a few
in Avalon, so these are scattered throughout
the county, some of these properties are.”