Land bank’s deadline to reclaim blighted Radium Springs house expires

ALBANY — A house sold by the Albany-Dougherty Land Bank near the Radium Springs fishing pond remains unrepaired, but the deadline to reclaim it under the deed has expired, commissioners were told Monday.

The land bank’s programs manager told the Dougherty County Commission that the property’s two-year reverter clause had expired without significant repairs. The case has been referred to Code Enforcement.

The clause allows the land bank to take back property when buyers fail to meet conditions of the sale. Its expiration leaves the county pursuing a separate nuisance abatement process.

Commissioner Victor Edwards raised the issue during commissioner updates at the board’s meeting last week, asking whether the county could reclaim the property.

The program’s manager said every property the land bank sells carries a two-year reverter clause. During that period, buyers are expected to mow, maintain the property and pay taxes.

Officials outlined the next steps: Code Enforcement will issue a 30-day notice, followed by referral to the county attorney for abatement. That process includes notice that the county may place a lien on the property if it must intervene.

The discussion prompted questions about both the county’s enforcement procedures and the conditions placed on land bank sales.

Commissioner Clinton Johnson said stronger requirements at the time of sale could help prevent properties from remaining blighted. He suggested requiring buyers to demonstrate financing, submit plans and meet construction milestones, with penalties or a provision allowing the land bank to reclaim properties if buyers fall short.

As an example, Johnson proposed requiring work to be 90% complete within two years.

“Just to protect ourselves from this cycle that tends to happen,” Johnson said.

Edwards expressed frustration with lengthy enforcement cases and extensions granted by judges. He cited a property on Dorset Avenue that he said had remained an issue for about six years.

County Attorney Alex Shalishali said the county must follow the required legal process.

“There’s no avoiding due process,” Shalishali said.

The attorney told commissioners that state law governs the county’s nuisance abatement procedures and that changes would require working with the local legislative delegation and the General Assembly.

Commissioner Anthony Jones asked whether the county could use its home rule authority to streamline the process. Shalishali said that authority would not allow the county to bypass state requirements.

Jones called for reviewing the procedures and talking with local judges about the delays.

The issue will go to the commission’s Government Affairs Committee.