Hyde Farm saved in $14.2 million deal
Green remnant of Cobb's past to become a public park


The Atlanta Journal-Constitution
Published on: 06/06/08

Yep, J.C. Hyde and his brother Buck were dirt farmers — all they ever wanted to be. They worked the soil, lived as bachelors in a cabin without running water and slept soundly.

Most days, they melded with the soil of their 135 acres in east Cobb County without interruption, easily slipping into the rhythm of man and mule and plow.

Andy Sharp/AJC
Morning Washburn, who has lived in a cabin on property adjacent to Hyde Farm since 1971, when she was 23, pauses inside an old barn.
 
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Occasionally, a suit with a silk tie and Italian slip-ons would come by and tell them how wealthy they could be — maybe retire to Florida — if they'd sell some land. Like that bottom land with the half-mile fronting the Chattahoochee River. The million-dollar houses wouldn't be that near their century-old cabin.

The brothers — always polite listeners — would let the developer talk himself out. Then J.C. and Buck would walk over to the black walnut tree behind the kitchen, unhitch their mules and get back to work on the farm the family operated within three miles of Atlanta's boundaries until 2004.

The rows of peas and beans, sweet potatoes and tomatoes and what was reputed to be some of the best Silver Queen corn in all of metro Atlanta needed their attention; not developers who, after the Hydes' father died in 1972, became as much a bother as corn borers or soil rot.

J.C. and Buck have passed on, but a transaction to be announced today virtually assures that the hardwood forest and the soil terraces the brothers worked with such respect will remain an undeveloped part of metro Atlanta, some of it as a working farm.

The Trust for Public Land plans to announce today that it has bought the farm's remaining 95 acres for $14.2 million, expanding the publicly owned land between Johnson Ferry Road and the city of Roswell that is dominated by the Chattahoochee River National Recreation Area.

2nd big preservation buy

The purchase, combined with the 40 acres of the farm the trust acquired in 1993, means the entire 135 acres will be preserved, the result of a process that began in 1991 when Rand Wentworth, then the trust's Georgia director, first talked with J.C. Hyde.

"We should all be grateful that the family chose conservation over another subdivision," said Wentworth, now president of the Land Trust Alliance, a Washington-based nonprofit that promotes land conservation.

The tract also adds another piece to a nine-year effort to secure riverside property from Helen to Columbus.

The Hyde purchase is the second large preservation acquisition in Cobb in two months. The county agreed last month to buy 112 acres on Dallas Highway and add it to a 44-acre park to create a tract in west Cobb only 35 acres smaller than Atlanta's Piedmont Park.

Ultimately, Cobb and the National Park Service are expected to own the Hyde farm and operate it as a working farm where visitors can see what agriculture was like in the early 1900s.

Morning Washburn, who lives next to the farm, is excited about resurrecting the vitality of the land she saw through the brothers' eyes.

She started learning about their special relationship with the land when, as a 23-year-old in 1971, she moved into a rustic cabin on adjacent property and began working the fields with them.

Earlier this week, she walked through a glade toward the river and paused in dappled sunlight to point out one of the towering poplars on the property and told a story about J.C.'s intimate relationship with the family farm.

A logger hired to clear some dead pines was trying to persuade J.C. to cut the century-old poplars for board wood. The logger couldn't understand how a man of apparently meager means could pass up all that cash.

"J.C. just looked at him and said, 'Well, I like to watch the squirrels run in the

trees,' " said Washburn, who lives in a cabin built by the Power family, the original owners of the Hyde farm and adjacent land. "I was so impressed by these men."

Like savvy entrepreneurs, the brothers created a franchise for themselves in the produce business: Buck, in Roswell; J.C. had Marietta. For a time, they also sold beef in Ansley Park.

After Buck died in 1987, J.C. stayed with Marietta, hauling his produce up to the square and selling from his tailgate.

By then, there was trouble in the soil that even a veteran farmer couldn't sense.

The land, bought by the Hydes' father in 1920, was worth more and more.

Estate-size houses were coming out of the ground along the "Hooch" faster than flint corn. East Cobb and Sandy Springs on the other side of the river were full-blown bedroom communities.

Money needed for taxes

Hyde learned his land's value when the federal and state revenue people came looking for their piece of Buck's estate: nearly $600,000 in taxes.

As soon as word got out that Hyde needed money, he had more suitors than honeybees on his okra flowers; many thought the only question was whether the check for the land would be seven or eight digits.

Hyde wasn't selling. The brothers had made a death-bed promise to their father that they would not sell the farm.

But tax collectors have the legal juice to get what they want. So Hyde took the only offer he could live with: He sold the 40 acres along the river to the Trust for Public Land for $1.2 million in 1993 in a deal that allowed him to farm those acres, along with his others.

His placid existence saved, Hyde returned to farming. Only when he died on March 3, 2004, at age 94, did the seeds he had sown with the trust a decade earlier begin to germinate in unexpected ways.

Part of the 1993 deal gave the trust a first-offer right to buy the other 95 acres for $12 million, In 2005, it notified Hyde's 12 heirs that it would exercise the right.

The heirs sued to block the sale and in court papers said they had offers of up to $18 million.

As the weeds of the legal system threatened to choke the seedlings of the trust's deal, a group of east Cobb residents, who organized a year earlier to raise funds for the farm, fretted about the potential consequences of the lawsuits. They stepped up fund-raising efforts, working with the trust.

A seventh-grader sold sweet potatoes and donated $185. A donated billboard — "Give Today ... Time is Running Out" — rolled through the county on a truck. People who didn't know Hyde farm from the High Museum opened their wallets.

U.S. Sen. Johnny Isakson (R-Ga.), who built his real estate business from an east Cobb base, promised to work on federal funding for the property.

For a time, it appeared all the efforts were like working barren land. The U.S. District Court in Atlanta upheld the trust's contract, but some smaller points in the ruling made the trust decide to appeal.

With both sides looking at spending more money on legal fees, a settlement was negotiated.

'Such a rich history'

Members of the Hyde estate declined to comment Thursday on the transaction or plans for the farm.

Others were elated at the outcome for the farm.

"It's a special place," said Isakson, a former member of the trust's board. "As east Cobb grew, here was this pristine place, an 1830s working farm in the 20th century."

Isakson said he has asked for $3.1 million in the federal budget for the National Park Service's end of the farm acquisition when that happens. The park service also has about $3 million on hand.

Cobb Commission Chairman Sam Olens said the county will put up $5 million from its parks bond issue and reach a working agreement with the federal government.

"Our goal is to have part of this operating by fall '09," Olens said.

Few people will be happier than Linda Hodges, a member of the Friends of Hyde Farm group who lives up the street and first went onto the property 20 years ago when she took her children to see a hog slaughtered.

"These men were living as pioneers," she said. "There's such a rich history on this farm and now it will be preserved."

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Comments

By Angry Family Member

Jun 6, 2008 9:42 PM | Link to this

Oh, and by the way "Kim", I don't recall ever meeting a person by the name "Kim" up at the Farm House. So, I must ask: How do YOU know what the Hydes' last wishes were? Were you sitting in on the meeting to close on the farm? Did you have to deal with the government, lawyers, taxes, land developers, and people who SO RUDELY assume that YOU are the greedy one?

No. I don't believe you have.

By Doug

Jun 6, 2008 1:17 PM | Link to this

Enough to make one rethink his priorities and involvement in the hurry, scurry lifestyle of the 21st centuary. Definitely a site worth preserving for the community. I enjoyed the story about these down-to-earth brothers. Thanks.

By Brad M.

Jun 6, 2008 12:55 PM | Link to this

I grew up nearby on the River above the dam back when Morning Washburn's name was Peg Washburn. It was truly a rustic farm even back then in the early 70s.
It is truly amazing that that property was never touched- to put things in perspective, We built our 5 br house in 1969 on the river with 5 acres for $60K. That was custom with architect.

Now the land alone is worth 1MIL.. imagine what the Hyde's land is worth..

By Eileen

Jun 6, 2008 12:39 PM | Link to this

My husband's uncle (a farmer) bought 150 acres of land from a neighbor about 8 years ago. He paid her $2,000/acre (her asking price). About 6 months later, a commercial real estate developer met with him and offered him $20,000/acre. He declined. I told him I could not believe he passed up the offer. He looked at me and said, "I'll always be able to make more money, but God is not making any more land." I believe the Hyde Brothers lived by that creed.

By TGIF

Jun 6, 2008 12:28 PM | Link to this

The property tax on these farms are actually very low...probably in the hundreds of dollars per year due to Georgia law allowing farms like this one to fall under "conservation use property". This helps protect farmers from skyrocketing land values in the surrounding area.

By Atlanta Archie

Jun 6, 2008 11:44 AM | Link to this

The Hyde brothers had plenty of opportunity in the early 1990's to cash in with developers. They didn't take it. Instead they decided to sell to the Trust, for a lower sum. They alone made that decision. No theft occured here, the Hyde brothers were exercising their rights in a capitalist society to sell to whom they saw fit and for a price they felt adequate. They are not victims but rather victors!

By Dave

Jun 6, 2008 11:32 AM | Link to this

I was hoping there would be some pictures of the farm house and out buildings - not the photographer's Mother walking barefoot and eating mullberries. This rag is getting worse everyday!

By Great Story!

Jun 6, 2008 11:25 AM | Link to this

May the Hyde brothers rest in peace, and may the land thrive in peace under Morning's watchful eyes! She is a great steward of that land.

By Charles Nicolosi

Jun 6, 2008 10:56 AM | Link to this

I am so glad that this worked out in the end. Like the other people who responded, I see no need for this land to be used for McMansions or any other use. We need to protect more land like this, because there is so little unspoiled land left out there.

By roja

Jun 6, 2008 10:41 AM | Link to this

If I were their hiers I'd still be angry that the Trust just flat out STOLE the 40 acres in 1993.

Middle class subdivision lots in East Cobb were going for $120,000 an acre in 1984 and all the Hyde brothers got in 1993 was $30,000 an acre?

Land along the Hooch at that time were worth at least $300,000 an acre. The Hydes should have gotten $10,000,000 for the 1993 sale.

Where were the folks who were protesting and raising money to "save the farm" recently back in 1993 when 40 acres were STOLEN from the Hyde brothers?

But that's preservationists for you.... damn private ownership, steal their property for "the good of the people". Sounds a lot like Communist Russia.

The real victims here are the Hyde brothers and their relatives. The real villians are the preservationists.

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