‘Buyer beware’: Jefferson County approves zone change on properties with mine concerns
Proceed with Caution
In a move that has sent seismic waves throughout the local community, Jefferson County in Alabama has approved a controversial rezoning proposal concerning lands with a history of mining activity. The decision, arrived at last week by the county commission, is now giving rise to a familiar caveat: ‘buyer beware.’
A Switch Towards Agriculture Zoning
The four properties under discussion, previously zoned for industrial use, will now fall under agriculture (A-1) classification. The redefining of these former U.S. Steel locations, under the newly ratified ordinance, can now be exploited for a range of agricultural and residential uses such as for rearing livestock, establishing a trailer site, or even erecting a homestead.
Jim Stephens, the president of the County Commission, clarified the intent behind the restructuring. “The purpose of what the commission did today was to make the public aware of the ongoing situation and to define exactly what the developer was intending to do with the zone change,” he said. “Our job is complete only when our citizens understand what they are stepping into with full transparency.”
Long-time investor Shamrock Sustainable Investments, the purchaser of the four locations in May last year, proposed the zone-change petition. The firm’s inquiry for the agenda spot raised eyebrows, and concerns, about the implications of pursuing development on land previously exploited for its mineral wealth.
A Slice of Commission Conversation
During the commission meeting, Cliff O’Rear, a representative of American Forest Management – contracted to manage these properties, responded to queries about the fate of these properties. He highlighted how these tracts’ challenging topography made them unsuitable for forestry, thus making them more suitable for residential or cabin-building purposes.
O’Rear also addressed concerns about potential subsurface mine activity and gas seepage. The commission indicated their preference for a specialized engineering assessment of the properties in question. “We have no intention to subdivide or develop these properties. What we need is a comprehensive understanding of potential underground mine activities to deliver safe, buildable land to the future occupants,” O’Rear asserted.
Ensuring Transparency to Absolve Liability
Intriguingly, O’Rear’s comments hinged on Alabama’s ‘buyer beware’ stipulations. He underscored how the onus of property due diligence fell largely on the purchaser. “However, we want to ensure that there are no known hazards on these properties before they are sold,” he acknowledged.
Consequently, with the zone change approved, the commission has strongly advised the developer to engage with an engineering firm to better translate the land’s peculiarities for prospective buyers. Failure to share robust, accurate data could land the developer in hot water, warned Stephens. “We’ve laid out our expectations. If the developer deviates from the outlined scenario, they must answer to the consequences.”
Neighborhood Resonance
Unsurprisingly, this zone change hasn’t passed without raising neighborhood concerns. These developed lands will sit a stone’s throw from Betty Hill Road, which has been closed indefinitely due to unresolvable road deterioration issues. This unfortunate event coupled with the county’s increasing mine-related safety incidents has resulted in community apprehension.
A Lesson from the Past
Earlier this year, a devastating home explosion in Adger — one of the two localities where the properties are located — led to a death and life-threatening injuries. The explosion is still under investigation by the state fire marshal. However, a filed lawsuit argues that the explosion resulted from a dangerous methane gas buildup, a chilling reminder of the legacy of local mining operations.
As in the past, the residents are hoping that this redevelopment doesn’t bring a slew of déjà vu-like accidents. But for the commission and the developer, the experience serves as a valuable reminder to ensure that such catastrophes aren’t repeated on their watch. As emphasized by Stephens himself, “We’ll make sure the history doesn’t repeat itself.”
