Board Member's Firm Sold 2nd Parcel for Pipeline

By Walter F. Roche Jr.

A company headed by a county board member has sold a second multi-acre parcel to the company building a controversial 12 mile pipeline to the Nolichucky River.
State and local records show that Douthat Properties sold a 13.67 acre parcel along the Nolichucky in October to US Nitrogen for $148,740. That parcel is immediately adjacent to another parcel sold to US Nitrogen by the Douthat firm also in October.
The total price tag for the two parcels comes to a little over $1 million, all paid to the company headed by J.W. Douthat and his family.
Douthat, as a member of the Industrial Development Board of Greeneville and Greene County, voted in favor of a measure sought by US Nitrogen regarding the pipeline project.
The 13.67 acre parcel was sold to the US Nitrogen on Oct. 9,which in turn deeded it at no cost to the IDB, which will own the pipeline and lease it to USN. County records list the market value of the property at $79,900.
The other parcel, which totals 78.7 acres, remains under US Nitrogen ownership, according to the latest available records. The market value of that land, which was sold for $851,251 on Oct. 24, is listed at $495,400.
Douthat's signature is affixed to both deeds. On the deed for the 13.67 acre parcel, he is listed as chairman of the management committee. Two other Douthat family members also signed that deed and are listed as officers.
US Nitrogen officials and Douthat have not responded to requests for comment on the land transactions.
Though he abstained from an earlier vote on the US Nitrogen project, Douthat cast a favorable vote at a July 18 IDB meeting on a motion to resubmit an application to the state for approval of the pipeline project. The motion was approved.
Public records show that by that time Douthat already had granted US Nitrogen an option on property owned by his company.The option was dated Sept. 11, 2013.

The land sales come to  light as the US Nitrogen project is being challenged in the courts.four different court cases including chancery courts in Davidson and Greene counties. A hearing is scheduled for Dec. 8 in a case in which plaintiffs are asking a judge to order an immediate halt to the 12 mile pipeline project.
Douthat also served on the board of Old Knox Utility District when that agency was involved in negotiations with U.S. Nitrogen. He resigned from Old Knox on April 30 of this year.
The pipeline will pull millions of gallons of water per day from the Nolichucky to the US Nitrogen plant. The water will be used for cooling towers needed in the operation of an ammonium nitrate manufacturing plant. Water will then be pumped back to the river.
Local officials have indicated the 13.67 acre parcel, now owned by the IDB, will be used for a pumping station.
wfrochejr999@gmail.com

County Number: 030

County Name: GREENE

Tax Year: 2015

Property Owner and Mailing Address
	Jan 1 Owner: INDUSTRIAL DEVELOPMENT BOARD %LAUGHLIN NUNNALLY HOOD & CRUM 100 S MAIN ST GREENEVILLE, TN 37743

Property Location
	Address:  FISH HATCHERY RD Map:  116 Grp: Ctrl Map:  116 Parcel:  004.39 PI: S/I: 000

Value Information
	Reappraisal Year: 2013 Land Mkt Value: $79,900 Improvement Value: $0 Total Market Appraisal: $79,900 Assessment %: 0 Assessment: $0

General Information
	Class:  02 - CITY City #:  000 City: SSD1:  000 SSD2:  000 District:  04 Mkt Area:  R03 # Bldgs:  0 # Mobile Homes:  0 Utilities - Water / Sewer:  03 - PUBLIC / INDIVIDUAL Utilities - Electricity: 01 - PUBLIC Utilities - Gas / Gas Type: 00 - NONE Zoning:

Subdivision Data
	Subdivision:   MAUDE BIBLE REDIV Plat Bk:   J Plat Pg:   252 Block:    Lot:   2A

Additional Description

Building Information

Extra Features

Sale Information
	Sale Date Price Book Page Vac/Imp Type Instrument Qualification 10/13/2014 547A 1261 QC 10/09/2014 $148,740 547A 792 VACANT WD M

Land Information
	Deed Acres: 13.67 Calc Acres: 0.00 Total Land Units: 13.67  Land Type:   03 - SMALL TRACT  Soil Class:     Units:   13.67

Source: State Assessment Data

US Nitrogen Pays $851,251 for Douthat Property

By Walter F. Roche Jr.

A company headed by a member of the board that acted favorably on a controversial manufacturing and pipeline project has been paid $851,251 for 78.7 acres of property on Fish Hatchery Road that will be part of that project.
State and county records show the nearly 80 acre parcel was sold on Oct. 24, 2014 to US Nitrogen by Douthat Properties. J.W. Douthat served on the Industrial Development Board of Greeneville and Greene County when several key votes on the US Nitrogen project were taken.
Though he abstained from one earlier vote, on July 18 of this year Douthat voted in favor of resubmitting an application for approval of the pipeline project. The measure was approved on an 8-1 vote.
At that time, public records show Douthat already had granted US Nitrogen an option on property owned by his company.The option was dated Sept. 11, 2013.
Douthat and US Nitrogen did not respond to requests for comment.
The land sale comes as the US Nitrogen project is being challenged in four different court cases including chancery courts in Davidson and Greene counties. A hearing is scheduled for Dec. 8 in one case in which opponents are asking a judge to order an immediate halt to the 12 mile pipeline project.
Douthat also served on the board of Old Knox Utility District when that agency was involved in negotiations with U.S. Nitrogen. He resigned from Old Knox on April 30 of this year.
The $200 million Greene County project includes a 12 mile pipeline running from the manufacturing plant to the Nolichucky River. The plant will produce ammonium nitrate and millions of gallons of water will be pumped to and from the river to feed cooling towers needed in the facility.
Public records show that as far back as January, the US Nitrogen plans called for the use of Douthat properties.
In a Jan. 28, 2014 submission to state environmental officials, US Nitrogen disclosed that water from the river would be drawn from property then owned by Douthat at mile marker 20.8 on the Nolichucky River.
The Douthat purchase is one of dozens by US Nitrogen dating back to 2010. Many of the properties were subsequently deeded over to the IDB, which will own the pipeline, but not operate it.
wfrochejr999@gmail.com 

County Name: GREENE Tax Year: 2015 Property Owner and Mailing Address Jan 1 Owner: US NITROGEN LLC 471 POTTERTOWN RD MIDWAY, TN 37809 Property Location Address:  FISH HATCHERY RD Map:  116 Grp: Ctrl Map:  116 Parcel:  004.20 PI: S/I: 000 Value Information Reappraisal Year: 2013 Land Mkt Value: $495,400 Improvement Value: $0 Total Market Appraisal: $495,400 Assessment %: 25 Assessment: $123,850 General Information Class:  10 - FARM City #:  000 City: SSD1:  000 SSD2:  000 District:  04 Mkt Area:  R03 # Bldgs:  0 # Mobile Homes:  0 Utilities - Water / Sewer:  03 - PUBLIC / INDIVIDUAL Utilities - Electricity: 01 - PUBLIC Utilities - Gas / Gas Type: 00 - NONE Zoning: Subdivision Data Subdivision:   MAUDE BIBLE REDIV Plat Bk:   J Plat Pg:   252 Block:    Lot:   1A Additional Description   Building Information Extra Features Sale Information Sale Date Price Book Page Vac/Imp Type Instrument Qualification 10/24/2014 $851,251 547A 2578 VACANT WD M 11/30/2010 $0 491A 1057 12/06/2004 $0 374A 994 02/13/2002 $0 261A 472 11/26/1990 $173,000 430 456 IMPROVED WD M Land Information Deed Acres: 78.70 Calc Acres: 0.00 Total Land Units: 78.70  Land Type:   45 - CROP  Soil Class:   G  Units:   14.00  Land Type:   45 - CROP  Soil Class:   G  Units:   22.70  Land Type:   45 - CROP  Soil Class:   A  Units:   7.00  Land Type:   45 - CROP  Soil Class:   P  Units:   35.00

 

Attorney for Landowners Responds to Court Filings

By Walter F. Roche Jr.

The attorney for landowners seeking to block construction of a 12 mile pipeline to the Nolichucky River is charging that the local industrial development board and US Nitrogen are out to "pirate and deplete" the waterway.
D. Scott Hurley issued the statement following the filing of a motion to dismiss filed by lawyers for the board and US Nitrogen in one of four pending suits challenging the pipeline plan.
"US Nitrogen, with the help of the Industrial Development Board of Greene County, has decided that private profits are more important than the preservation of the majestic resource of the Nolichucky River," Hurley said.
"Not only has US Nitrogen made a decision to pirate and deplete this river, they have decided to do so in the face of multiple lawsuits filed by four separate groups of citizens contending that their plan is illegal," Hurley concluded.
The statement follows the filing last week of a motion to dismiss the suit filed by Hurley in behalf of 47 local residents opposed to the pipeline which will be used to bring millions of gallons of water per day to the plant where US Nitrogen plans to produce ammonium nitrate.
A hearing in that suit is scheduled for Dec. 2.
wfrochejr999@gmail.com




US Nitrogen, with the help of the Industrial Development Board of Greene County, has decided that private profits are more important than the preservation of the majestic natural resource of the Nolichucky River.    Not only has US Nitrogen made a decision to pirate and deplete this River, they have decided to do so in the face of multiple lawsuits, filed by 4 separate groups of citizens, contending that their plan is illegal.

IDB, US Nitrogen Seek Suit Dismissal

By Walter F. Roche Jr.

US Nitrogen and the Industrial Development Board of Greeneville and Greene County are asking a judge to throw out a suit filed by 47 local residents who oppose the construction of a 12 mile pipeline to draw millions of gallons of water per day from the Nolichucky River.
In a series of filings in the suit, attorneys for the board and USN contend that state law will not be violated if, as planned, the IDB owns the pipeline that will serve the manufacturing firm, which is constructing a $200 million facility to produce ammonium nitrate.
The filing was first reported by the Tennessee Coalition for Open Government.
The filing states that mere ownership of the pipeline does not mean that the IDB will own and operate a business because the actual operation of the pipeline will be done by USN.
"US Nitrogen is serving as the contractor to construct the pipeline and will operate and maintain them at no cost to Greene County," the brief states.
The filing comes in a suit filed by the residents challenging the legality of the July 18 IDB action. The suit also charges that the IDB violated state open meeting statutes because some of those in attendance could not hear the discussion leading to the approval vote.
In their response, the IDB and USN contend that there is no requirement that audience members be able to hear the proceedings.
"Plaintiffs attach a requirement to the statute that does not exist," the motion states.
The filing contends that the  board met all state law requirements by meeting and voting in public with required prior notice.
"The vote was held before the public's watchful eye," the brief states.
Other charges disputed by the IDB include a claim that the rights of residents along the river were being violated and that the construction will violate state laws against public nuisances.
The suit, which is due for a hearing early next month, is but one of several pending legal challenges to the project.
wfrochejr999@gmail.com

Landowners Seek Immediate Halt to Pipeline Construction

By Walter F. Roche Jr.

Landowners along a proposed Greene County pipeline are asking a judge to order an immediate halt to construction of a 12-mile long conduit to to the Nolichucky River.
In a motion filed late last week in chancery court the attorney for the landowners charged that his clients will suffer immediate and irreparable harm unless the rapidly proceeding project is halted.
The motion for a temporary injunction states that the actions taken by the Industrial Development Board for Greeneville and Greene County are void because the approval of the pipeline project took place at a July 18 meeting held in violation of the state Open Meeting Act.
The motion comes in a suit filed by the landowners in which they contend that the IDB lacks the legal authority to own the pipeline, which will be used by US Nitrogen.
Asked to comment on the filing, US Nitrogen spokeswoman Amanda Jennings said that the work on the pipeline will continue.
"The pipeline represents a significant investment by US Nitrogen in the future of Greene County. US Nitrogen and the IDB will continue construction on the pipeline as scheduled," she wrote in an email.
The landowners' motion, however, cites the ongoing construction as a reason for seeking an immediate halt to the project.
"At the present time the installation of the pipeline has begun and is rapidly proceeding and it is anticipated the entire project will be completed long before an ajudication on the merits of the plaintiffs' lawsuit can be had," the motion filed by attorney D. Scott Hurley states.
The motion comes in one of several ongoing legal challenges to the pipeline which will transport millions of gallons of water to and from the Nolichucky River.
The water is needed to accommodate the multimillion dollar ammonium nitrate plant being built for US Nitrogen.
wfrochejr999@gamil.com