Rutherford County continues to move forward with plans for a new jail and Sheriff’s Office campus on the former county fairgrounds property, but the owners oppose eminent domain, say the land is under a $38 million contract, and point to questions about whether the site has enough sewer capacity.

The Rutherford County Commission voted 12–9 on July 16 to approve a resolution allowing the county to negotiate for the property, located near the Rutherford Boulevard and Church Street intersection, and to begin condemnation proceedings if a voluntary purchase cannot be completed.

County officials say the approximately 52.67-acre South Church Street property offers the best long-term solution for replacing a detention center operating beyond its original design capacity. Its location beside the county’s Correctional Work Center and near its juvenile justice facilities could also reduce transportation, medical and food service costs, according to commissioners.

The resolution estimates the property’s acquisition value at between $14 million and $18 million. It allows officials to negotiate a voluntary purchase within that range, with the final purchase price not exceeding $18 million.

The owners, Joni Werthan and PWU Properties, have asked commissioners to cancel the condemnation resolution. They say Rutherford County previously offered $23.782 million for the property during a public sales process but was not selected. The land went under contract with another purchaser for $38 million on June 5 and remains under contract.

If the county government proceeds with condemnation, the final compensation could ultimately be decided by a court or jury.

According to written responses provided on the property owners’ behalf, the old fairgrounds property has remained in the same family for more than 60 years.

Attorney Joshua Denton, who represents the owners, wrote that the public listing and bidding process attracted more than 30 offers, including five of at least $35 million.

Rutherford County’s $23.782 million offer during that process was approximately $5.8 million higher than the $18 million upper end of the acquisition range later included in its condemnation resolution.

In a July 24 letter, Denton asked commissioners to reconsider its resolution. He argued that a county appraisal valuing the property at $10.7 million, with an effective date in October 2025, does not account for more recent information about its value.

His letter cited the county’s later offer, the current $38 million contract and a recent sale of other industrial and commercial property in Murfreesboro.

Denton also cited a 2024 appraisal commissioned by the City of Murfreesboro that valued the tract at approximately $19.99 million before a right-of-way acquisition.

He argued that Tennessee law requires the county to obtain an appraisal considering the property’s highest and best use before filing a condemnation action. Denton contended that a current appraisal would value the property far above the $18 million figure included in the resolution.

The county’s condemnation resolution states that the existing jail and Sheriff’s Office are operating beyond their original design capacity and face long-term operational, security, accessibility, life-safety and expansion concerns.

Commissioner Pettus Read said he supported all the resolutions related to building a new detention facility. He served for more than two years on the committee studying the county’s options and has spent 12 years on the Public Safety Committee, including eight years as its chairman.

Read said his committee service required numerous visits inside the jail and allowed him to observe how its conditions have changed over the years. He said experts from the University of Tennessee and the State of Tennessee studied the building and that “all the reports were not good.”

Read also questioned whether the soil and property at the current jail are suitable for future development.

“Yes, building on the present property is possible, but in my opinion we will be right back here in 30 years,” Read said.

If the county moves forward with condemnation, Read said the disagreement over the property’s value would be handled through the legal process.

“When you enter litigation and eminent domain, market value will be determined by the courts,” Read said.

The owners also said the county did not notify them that commissioners would consider condemning their property. Denton wrote that they learned about the resolution by chance on the evening before the July 16 meeting.

The published agenda described the item only as “Resolution Approving the Condemnation Resolution.” It did not identify the property, parcel number or owners.

The owners have asked commissioners to reconsider the resolution during a scheduled September meeting. Reconsideration of the condemnation resolution was not listed on the commission’s Aug. 26 agenda.

Alternative Plans for Commercial Park

If the county does not acquire the property, the current purchaser intends to develop a commercial park allowed under its light-industrial zoning, according to the owners.

The owners estimate that the completed development could potentially generate approximately $1 million per year in property-tax revenue for Murfreesboro and Rutherford County. They said it would also create employment and commercial activity.

Denton wrote that other properties currently listed for sale in Rutherford County appear to meet the county’s stated requirements at lower prices. He encouraged commissioners to consider those properties before interfering with the owners’ contracted sale.

Read, however, favors the former fairgrounds property because it adjoins other county properties. He said placing the jail and Sheriff’s Office near those facilities could save the county money.

The county’s resolution also states that bringing the facilities together could improve coordination, centralize emergency communications, reduce duplicated services and lower transportation costs.

Questions have also been raised about the site’s sewer capacity.

In a July 23 letter to county officials, Murfreesboro City Manager Darren Gore said the project would require a sewer variance. The property has sewer capacity equal to 208 single-family units, while the existing jail has discharge capacity equal to 278 units.

That produces a shortfall of approximately 70 single-family-unit equivalents based on the existing jail’s capacity. Gore wrote that the shortfall would increase proportionately if the proposed detention facility were larger.

Gore recommended that the county resolve the sewer issue before spending or committing additional money toward acquiring or developing the property.

Read said a government’s public interest in a property can also cause its price to rise and affect taxpayers.

Long before the property became the center of this local jail debate, it served as a gathering place for entertainment.

Bill Wilson wrote in a recent Murfreesboro Pulse column that the fairgrounds were established here in 1868 and included a half-mile horse track, amphitheater, livestock stalls and stables. The property later hosted horse races, exhibitions, circuses, revivals, carnivals and automobile races.

Businessman Joe Werthan purchased the property for $31,500 in the 1950s, according to records. His granddaughter, Joni Werthan, who operates Williamson County horse farm Warioto Farm, now holds the land.

Read, who decided not to seek re-election, will leave office at the end of August. He said the new County Commission will inherit the issue but believes the previous commission has left it in a good position to move forward.

“The clock is ticking, and if they move this can further down the road, they may find themselves with larger problems and even more cost,” Read said.