Author Archives: FactChecker

Annexation – What happens to the Property

Posted on December 16, 2014 | Comments Off on Annexation – What happens to the Property

QUESTION: What happens to county school district property when a city annexes an area in that county?
Druid Hills Annexation Map
A similar question was raised involving the court case Board of Education of Fulton County v. Board of Education of College Park. 147 Ga. 776. 95 S.E. 684 (1918). Fulton BOE v College Park BOE seems to be the controlling ruling for the past century.
In this case the Georgia Legislature authorized the creation of a new College Park city school district. A portion of the city was located in Fulton County and the school lands in that area had been purchased by and were under the control of the Board of Education of Fulton County. In upholding an injunction prohibiting the Fulton County Board of Education from interfering with the College Park Board of Education’s use, control and title to the school property located in Fulton County, the court said,

“Where a municipality is authorized by the General Assembly to create a public-school system coextensive with its corporate limits, a part or all of which territory has theretofore been included within the system of public schools operated by the county, forming a portion of a school district, the municipality succeeds to the control of educational matters and to the title to the real estate held as public-school property within its territory”

Furthermore, the Attorney General of Georgia issued two opinions, dated April 13, 1954, and August 24, 1961,

“Where the corporate limits of a municipality are extended so as to take in an area where a county school is located, the school authorities of the independent municipal system succeed to the control of all educational matters in such area and also to title to real estate held as public school property, in the absence of expressed intent on the part of the Legislature or in the absence of an agreement between the interested parties.”

ANSWER: It would appear that if Druid Hills is annexed into Atlanta Public Schools (APS), or if any new city school districts form in DeKalb, all educational matters including taxing and title to real estate held by the county are likely to move to APS or new cities respectively.
 

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Druid Hills Annexation Into APS

Posted on December 15, 2014 | Comments Off on Druid Hills Annexation Into APS

Atlanta Public Schools (APS) trial has been going on forever.  With APS in the news everyday, Druid Hills looked at DeKalb Schools, and decided they’re going with APS.  Denied the Druid Hills Cluster, a subset of the cluster known as Together in Atlanta (TIA) has put together a petition to be annexed into Atlanta with the purpose of “more responsive and locally-controlled schools, zoning, and other governmental services.”
In the 12/08/2014 Superintendent’s Report, DeKalb Schools administration presented their version of the implications of annexation (view transcript, video and related documents here).  Annexation into Atlanta, like the formation of cities, means control and title of public property would move with the annexed area. Michael Thurmond, DeKalb Schools Superintendent, will ask the board in January for $2.5 million to protect “what is naturally ours.”
The Superintendent’s Report lists the properties and values they say is theirs.  Those properties include Druid Hills HS, Fernbank ES, Briar Vista ES, Druid Hills MS, Fernbank Science Center and Adams Stadium.
While it is currently unclear how the $2.5 million will be spent, Board Chair Dr. Melvin Johnson said, “it would be incumbent upon the school system to consider reserving the appropriate funds to litigate if necessary.”
(TIA) responded,  “to correct errors in Superintendent Michael Thurmond’s presentation, Annexation: Student Enrollment and Tax Implications … We share the goal of success for all students, and the provision of clear and accurate information so that the democratic process of choice can be best-pursued.”  TIA has countered many of the claims made by the administration in their 40 minute report.
I’ll keep you posted.

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Posted in Druid Hills Annexation, Druid Hills Charter Cluster