November 27, 2005
Battle Over Battlefield in Georgia
There has been quite a battle waging on in Henry County, Georgia over a 204-acre site where the Battle of Lovejoy Station occurred during Sherman's Atlanta campaign. Apparently the developer was had purchased the property and was set to build 399 homes on it. The county officials didn't have a clue about the significance of the land (the developer actually told them…oops) and now that they do, they want it preserved.
What makes this preservation effort interesting is that the county is condemning the property under eminent domain given the recent US Supreme Court ruling. Of course there has been a series of legal battles fought out in the court the past month over the land. It looks like the developer is SOL. Now it is just a question as to how much the land is worth and what they owe the developer. You can read the series of on-going legal wranglings through the articles below.
County to condemn battlefield
The county is looking to condemn part of the site of the Battle of Lovejoy's Station, on the south side of McDonough Road at the Clayton County border, in the name of preservation. Henry County Commissioner Elizabeth “BJ” Mathis, who represents the area, wants the site to be turned into a passive park dedicated to Civil War history, and an existing home from that era to be converted into a museum filled with artifacts found on the site.
But the site had been slated for development of hundreds of homes, according to plans submitted to the county by Georgia General Parcels, LLC, the developer on the project. When the county came looking to buy, negotiations on a price broke down and it began condemnation procedures.
County denies battlefield rezoning
Henry County commissioners denied a developer's request to rezone a 204-acre tract that is part of a Civil War battlefield for a subdivision Tuesday, not long after a hearing finished on the county's condemnation of the property.
Developer Maxie Price Jr., who is also an auto retailer, wants to build 399 homes near the corner of Jonesboro and Babbs Mill roads on the Clayton-Henry county border, but county officials want to preserve the area as park space with an eye toward showcasing its Civil War history.
The site is one of the last stops on William T. Sherman's campaign through Atlanta before his infamous march to the sea. The site is believed to have been a Confederate encampment and several battles are said to have taken place there.
Elizabeth "BJ"? Mathis, the county commissioner who represents the area, would like to see walking trails with historical markers explaining the history of the site, and an existing home on the property turned into a museum to house artifacts found there.
Last month, the county began condemnation proceedings in an effort to obtain the property. At a special master hearing in which an appointed mediator hears evidence of the value of the property from both sides and assigns what the condemnor will pay, Price said he could have accrued as much as $22 million from developing the subdivision at about two homes per acre.
Price said he also owns about 78 acres on the other side of the county line that adjoins the Henry portion.
His appraiser, Jim Clower, Sr., testified Tuesday that the property on the Henry side was worth about $14 million, based on what other real estate in the area is selling for.
The county's appraiser, however, assigned a value of about $6 million, based on a proposed density of 1.7 homes per acre and his own research on what property in the area is selling for.
Price said he paid about $4.3 million for the Henry portion of property earlier this year.
Tuesday evening's rezoning hearing went on despite a pending ruling expected by Friday from the special master, James Brown, on what the county will pay for the property.
Lee Tucker, Price's attorney, argued during the special master hearings that the county stalled the rezoning application, which has been pending since March, in order to finish condemnation.
"Condemnation to avoid zoning to a constitutional use is not an appropriate use of your legislative discretion", Tucker told commissioners Tuesday night.
Several residents in the area also opposed the rezoning, arguing the density of the subdivision would result in small homes on small lots and would not blend with existing homes.
"We want something that's going to enhance the community, not something that's going to take away", said Pete France, who lives on Babbs Mill Road.
The plans had changed from Price's previous submittals to the county, which showed an area set aside for preservation as green space and the development of town homes. But those plans were scrapped at residents' request, Tucker said.
Mathis, who recused herself from voting on the rezoning Tuesday night after having taken the stand as a witness in the condemnation procedure earlier in the day, admits she did not know about the site's history until after she was informed by Price's attorney through a letter.
She said Tuesday the area that would have been set aside was unbuildable and not the most historically significant part. She argued that the county is also sorely in need of park land on the western side.
"We are losing our land very rapidly - very quickly",? she said.
Battlefield price tag set at $8 million
Henry County should pay more than $8 million for the more than 200-acre portion of a Civil War battlefield that lies inside the county, a special master ruled recently in a condemnation case.
The county is in the process of condemning the property for proposed park land, and an award filed Thursday in Henry County Superior Court by court-appointed special master James Brown values the property at $8.07 million.
Henry County Attorney Patrick Jaugstetter said both sides can still appeal the valuation, but commissioners have not yet met to discuss whether they would. He said a deal could still be cut that would allow the county to buy less property than the 203 acres that was the subject of condemnation, but discussions have not been held.
At a hearing earlier this month, developer Maxie Price Jr. testified he could make about $22 million from the property if it were rezoned and developed as a subdivision. Price's land appraiser, Jim Clower Sr., testified last week the property is worth about $14 million.
Through an attorney earlier this year, Price's company - Georgia General Parcels, LLC - filed an application to rezone the property, located on the south side of Jonesboro Road west of Babbs Mill Road in western Henry County, for a development of 399 homes.
The proposal drew fire from some residents in the area. Last week, the Board of Commissioners voted unanimously to deny the rezoning in the absence of District II Commissioner Elizabeth "BJ"? Mathis, who recused herself after having testified in the special master hearing earlier in the day.
Mathis proposes a park for the space that would make use of its Civil War history. Unofficial county historian Mark Pollard, a self-described "battlefield detective" said the site was an encampment for at least four different Confederate groups. He said it was also the site of the largest cavalry push in Georgia, and the site of four battles in William T. Sherman's campaign to take Atlanta.
"How can you put a price on the dead and the maimed that died on those fields?"? Pollard said in an e-mail Monday. "This is our history. When is enough, enough?"
Mathis proposes a passive park space with walking trail, historical markers and possible Civil War reenactments. An existing house on the site would be converted into a museum to house artifacts found on the site.
Whatever the price, Babbs Mill Road resident Pete Fransen is hoping he won't see homes built on the area as dense as first proposed.
"What Maxie Price was wanting to put in there is entirely too small for what's around here,"? he said.
Price's attorney, Lee Tucker, did not return a phone call seeking comment Monday.
The developer states he paid $4.3 million for the land earlier this year. He stands to almost double his money in a buyout. Of course, it's not the $22 million he claims he will make. Show me the money!
Filed under Battlefields, Preservation by Mike Koepke
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Comments on Battle Over Battlefield in Georgia »
[...] Quite coincidentally, Mike Koepke has a post on his blog today about the imminent destruction of another battlefield from the Atlanta Campaign, the Battle of Lovejoy Station. It really is very sad indeed to see the wholesale destruction of these important sites. The post on Mike's blog indicates that the developer is relying upon the U. S. Supreme Court's horrific ruling of earlier this year permitting the seizing of private property by eminent domain for commercial development. I will do an entire post on this Supreme Court decision later this week. [...]
If anyone in the preservation business could see this battlefield, the beauty of it would take your breath away. I am finding more and more military information about this hallowed ground every day. I have all the military maps of this battlefield. I know what happened here like the back of my hand. The words from several military reports in the OR's describes the landscape of this battlefield to the "T". This battlefield still looks the same as in did in 1864! This land has never been touched by the blade of a bulldozier.
Kilpatrick's Cavalry Raid & charge through the Texans took place on this land and is the largest cavalry raid and breakthrough in Georgia's history. General Minty of the 7th PA said this of the Texans whom Kilpatrick's cavalry broke through; "they held the ground with almost superhuman strength, but it was all in vain."
The Infantry portion of the very end of the Atlanta campaign ended on this property. We could really connect the dots throughout the Atlanta Campaign and end at this exact spot! This historic land could tally up all the battles, lives lost, property destroyed etc. that was fought for before Atlanta finally fell. Relic Hunters have located the proof that four separate Confederate campsites were located on this property!
This land is breathless to look at. There is a towering view of the battlefield from anywhere along the main road to look down on. It's incrediable! Now we need to tell its history.
We need your help. Please pass the word around the world about this battlefield at Lovejoy's Station. It needs to be perserved. Trust me when I say this, "this is the last portion of battlefield left in the Atlanta campaign that could tell the whole story of the Atlanta Campaign because it all ended right here."
I'm been living here for 50 years and I know there is no more battlefield property left that is not already developed in the entire greater Atlanta area. This is it. This is our last chance. Please help.
Thanks for reading my desperate plea down here in Georgia. This "hallowed land" is all we have left around here.
Any help with funds to secure these grounds, (large or small) would be greatly appreciated.
Sincerely, Henry County Civil War Historian, Mark Pollard
You can reach me at: localhistory@hotmail.com (678) 432-7995
love your site i will try to let some of my friends help in some donations. read your article in the henry paper. is there a map on the net about the 33 dots that i could print this might help in the donations . i have lived in the area for 22 years myself thanks billy
Billy, For more information on the Nash Farm Battlefield located near Lovejoy, Please visit our battlefield website. Thanks, Mark Pollard http://www.henrycountybattlefield.com
Has the Preservation trust or others been contacted about helping out with the preservation of this important site?
Everyone who loves the history of the Atlanta Campaign should jump in and help them out in Henry County. This much needed preservation effort should belooked at seriously. We have Chickimauga, Kennesaw, now Lovejoy!
Nothing was ever set aside in Atlanta or Jonesboro for battlefield preservation and it's about time somebody did something down there!
I live just south of Atlanta. Who wants to travel down to Henry County, Georgia to see this battlefield? They already have a great web site, (just started).
http://www.henrycountybattlefield.com
Bill W.
Billy, The Nash Farm Battlefield is located near the intersection of jonesboro & Babb's Mill Road, 7 miles west of the City of McDonough in western Henry County. the address of the Nash Farm Battlefield is: 4361 Jonesboro Road. For directions and a map of the location, please visit the web site on the above response.
The battlefield is not yet open to the public. Please wait until after the dedication ceremony when you will be able to walk the same fields where thousands of gallant men, gray and blue, walked and lived and died. The dedication ceremony is presently scheduled for August 20, 2006 at 2pm. More information concerning the dedication ceremony and reenactment of the battles fought at the Nash Farm will be posted as it becomes available.
Donations towards the development and maintenance of the Nash Farm Battlefield may be made by mail to:
Nash Farm Battlefield 140 Henry Parkway McDonough, GA 30253
Thanks, Mark Pollard Henry County Civil War Historian
[...] December 6, 2005Update On Georgia Lovejoy Station Preservation Battle Previously I posted, Battle Over Battlefield in Georgia, about the battle in Henry County, GA over a 204-acre parcel of land at the Battle od Lovejoy Station. On Nov. 28th, the county paid $8,077,000 for the land to take title of the property. The wrinkle now is the county thinks $8M for the property is too high and is appealling the award. County appeals battlefield price (Henry Herald) The saga continues! [...]
[...] Battle Over Battlefield in Georgia [...]
[...] December 13, 2006Nash Farm to Host Battle of Atlanta Reenactment Henry County, GA has sure come along way since it acquire the 204-acre Nash Farm property, site of the Battle of Lovejoy's Station, last November. What made this battlefield a very newsworthy story is that the county used eminent domain to condemn the property from a builder, who was planning to build 399 homes on it (see: Battle Over Battlefield in Georgia). The county purchased the property from the builder for about $8 million and on August 19th and 20th of this year, the Nash Farm Battlefield was officially dedicated (see: Nash Farm Dedication Draws 1,000 People). Today I was reading through the latest issue of Civil War News and lo and behold there was a full page ad announcing that the Battle of Atlanta Reenactment will be held on November 2-4, 2007 at the Nash Farm Battlefield site. The county has really made the most of their battlefield acquisition given the controversary around it. Hopefully other battlefields will learn from Henry County and the positive impact a Civil War battlefield can make on tourism and the economy. Information on the Nash Farm Battlefield can be found at http://www.henrycountybattlefield.com/. Filed under Preservation, Re-enactments, Battlefields, Battle of Lovejoy's Station, Civil War Reenactments, Nash Farm by Mike Koepke [...]
I have been reading the creation of the battlefield which is in the head of this so called historian. He neglects to mention that the actual actions took place to the west closer to Lovejoy on the Crawford-Dorsey Plantation. This information is direct from the Official Records in Washington DC. Some 27 years ago a large contingent of people including archeologists with the Atlanta Historical Society worked for nearly 6 years to unearth the truth about the Kilpatrick Raid of Aug. 20, 1864, as well as, the McCook Raid of July 29, 1864, and the Union Army encampment in the area and the Kilpatrick encounter with Iverson in November 1864. From the evidence all the actions occurred on the Dorsey Plantation at the corner of Freeman Rd & McDonough Rd. The calvary charge was right close to the Dorsey House and there are direct information to prove this fact. Also, not many men were killed during the charge. According the records of The Texas Calvary they lost only 2 killed and some wounded. Most of Minty's men were killed at the sunken railroad close to Lovejoy Station not even near where Mr. Pollard says the battle took place. There is an alternative motive to all this information provided by Mr. Pollard. And that is very likely money. It is interesting that all the emminent Civil War Historians & Professors disagree with his analysis. It is too bad that the government of Henry County has been taken in by this kind of information without checking it out first. This is called checks and balances. Maybe they will learn as time goes on that there are people such as Mr. Pollard who want their l5 minutes of fame. Hopefully the truth will come out and people will learn from this, The Dorsey family is not happy about all this as well as the government and historical leaders of Clayton County.
Sincerely
The Sprayfieldman P.S. If nothing happened at the Dorsey house then how did all the earthworks, trenches, gunemplacements, and Union Army graves get there?
Sprayfieldman, I do hope you are not relying on the official records alone, if so you sir are wrong. I have known Mr. Pollard over 20 years, money is the last thing he would have an enterest in. he does care very much about civil war history,20 years ago when I first met he wanted to learn all he could.both of you are right as far as action that took place in Lovejoy,i would urge you to read some of the letter and histories from some of the union cavalry histories, their was several actions that took place after the Battle of Jonesboro.I hope you will share with him your knowledge ,rather than trying to condem him for it. In this day and age , it is better to pull together than to hurt each other. I have spent over 40 years myself on this war, their has been many times would have liked to have the help of somebody like Mr. pollard to help save a historical site.
Sprayfieldman, Please pardon my spelling in the previous letter. I do not see very well in writing because of diabetes.
Sprayfieldyman, you need to know the rest of the story…
Mr. Pollard has a point. There were several military events that took place in Lovejoy and they were all wide spread battles. Have you ever heard of "Raids" & "Flanks?"
The Dorsey house was certainly in the thick of things at Lovejoy. It was used as the HQ during the McCook/Stoneman Raid. It was in the center of Kilpatrick's Raid and was a landmark during the Infantry Battle after Jonesboro fell.
The cavarly battle at Lovejoy was a raid. As usual with most cavalry battles, they are all fast moving battles as was Kilpatrick's at Lovejoy. The August 20th action started at Lovejoy's Station, (which BTW was not even a station), and ran northward to the Dorsey house and eastward toward and thru McDonough.
On the way to McDonough, Kilpatrick also had to cut through the Texas cavalry located in the vicinity of Nash Farm and fought yet again 2 miles futher down the road with the rear guard action at Walnut Creek. Isn't all of this part of the military action of Kilpatricks action of Lovejoy?
More has been written about Kilpatrick's charge and breakthrough than any other portion of kilpatrick's Raid. As a matter of fact, there are even poems written from soldiers about it.
Kilpatrick's action did start at Lovejoy but did not end there. That is usually the way most battles are fought: ie; example: Jonesboro. Do you look at the battles fought on the first day because that is where the battle started and forget about what took place on the second day where the battle concluded?
Yes the Infantry battle took place at Lovejoy. Sherman's said the Confederate battlelines were about a half mile north of Lovejoy and east & west. The Dorsey house was also centered in the infantry battle as well. Sherman said the battlelines ran westward to the Flint River and eastward to Walnut Creek. (The springhead of Walnut Creek starts at the Nash Farm).
Before the Lovejoy area was all cut up by sub-divisions and shopping centers/strip malls, many earthworks were visable through out the whole area. I've seen entrenchments/earthworks from Lovejoy all the way northward to the old Iron Gate Sub-division at 19/41, (where some still exist today) to southward down Panhandle Road to the south.
The Confederate infantry right flank extended eastward to the Nash Farm. I know a dozen relic hunters who have extensive knowledge of the Nash Farm area who have also found many relics at Nash Farm who can attest where the right flank ended.
Mr. Pollard's point is that all of the battles of Lovejoy were wide spread, and the military actions that took place at Nash Farm were just as significant and important as what took place in other areas.
Here is just one report as an example, and I'm not here to educate you, but do your research before you slander someone.
"I arrived one mile east of Lovejoy's Station, upon the McDonough road, at 6 o'clock on the morning of the 2d of September. I formed line, with, Mercer's brigade upon my left and Granbury's upon my right. The general direction of my line was east and west. At 10 a. m. I had my line formed in single rank, and went to throwing up breast-works.
JOHN WEIR, Colonel, Commanding Brigade. HDQRS. LOWREY'S BRIGADE, CLEBURNE'S DIVISION, HARDEE'S CORPS, ARMY OF TENNESSEE,
Sincerely, James Grant Retired US Army
We all agree that Clayton and Henry Counties saw military raids & skirmishes. However, the grandiose build-up and actual fiction that Pollard (and Henry County) have published about historical events including dates (JPS Nash got married in 1868 and could not hav lived at the Nash Farm with his wife during the war), locations (Kilpatrick's Charge covered about a half-mile inside Clayton County where he met Ross's (1) skirmishers and (2) main line behind barricades "half way across the field."
Read my Nash Farm Analysis and please try to refute the specifics. The 17 or 18 historical references were not even checked by Henry County before creating a battlefield! Go to http://www.jasonpye.com and search "Nash Farm"