NOT ALL GLAD AT BUYOUT PROSPECT

COMMERCE -- The Mississippi River first attracted Joyce and Tommy Cox to Commerce 20 years ago. It might force them to leave this year.

After 24 years of living near the river, Joyce Cox has seen the damage floods can cause even though she's never been directly affected by one. The prospect of living through another flood this spring frightens her.

Still, the Coxes don't want to lose their home, not to the swollen river or to the government through its Community Buyout program offered by the State Emergency Management Agency.

After battling disastrous floods in 1993 and 1995, the Village of Commerce agreed to the federal buyout in November. In exchange for the flood-prone homes and property in Commerce, residents will receive about $1,750,000 in federal money and $680,000 from the state.

Closings for the first eight homes are set for Thursday afternoon at the Methodist Church in Commerce.

Although residents are participating in the program, several townspeople are unhappy because it isn't being operated as it was explained last November.

The board of trustees had approved the buyout plan in August, despite some flaws in the plan.

"We knew they were sugarcoating it," said Kevin Upchurch, a board member who has since moved outside city limits and the flood plain. "But we had to do something. We took whatever came first and it happened to be the buyout."

Buyout money alone isn't the solution to the problem facing the Coxes and other families in town. "We just want them to be fair with all, not just one or two," said Tommy Cox.

Cox says the program isn't being operated by the guidelines. The city policy allows only state-certified appraisers to evaluate property. When an owner disagrees with the figures, a private appraiser can review the property. The state then studies both figures and makes a final decision on the value.

But some Commerce properties were reappraised without the owner's requests. And those appraisals were reviewed by a company that city officials were told was unreliable.

"Nobody ever said anything about a reviewer," Joyce Cox said. "We were happy with the first figures. They never asked."

SEMA authorized two additional appraisals because the original figures were high, said Susie Stonner, a spokesperson for the agency. Every property appraisal was reviewed and the third review was selected as the buyout offer, which ranged from $4,000 to $55,000.

"We only have limited dollars," Stonner said. "We treat everyone the same way and have done that throughout the buyout to help as many people as possible."

The appraisals must be based on the pre-flood market value of the property. After seeing the first appraisals, a reviewer said they were not based on comparable properties. The properties were then reviewed based on county tax information and assessments, Stonner said.

The difference in the first and final appraisals could cost the Cox family $27,000, which is a price difference they just can't afford.

"In June, this house will be paid for," Joyce Cox said. "This is home. I have no interest in moving again. I love this community and my home. What other reason is there to move? Neighbors take care of neighbors."

However, David Mayberry and his wife Marie do have another reason to move. They are weary of temporarily living in a camper and boating to their home along Water Street every time the Mississippi floods.

"I'm tired of it," said David Mayberry, adding that he likely will accept the offer so he doesn't worry about future floods. But some people are accepting the buyout offers because they fear flood insurance won't be offered again, Mayberry said.

Since the buyout program is voluntary, no one is being forced out of their home, SEMA officials say. And the city can still offer flood insurance to its residents.

"As long as they keep their ordinances in place, they can buy insurance," Stonner said. "And that's fine. We're not making them sell."

Answers to some common questions about flood buyout programs.

WHAT IS A COMMUNITY BUYOUT?

Community buyouts are designed to reduce the number of buildings in a flood plain. By participating in the buyout, homeowners won't have to rebuild after every flood.

WHO IS ELIGIBLE?

About 40 pieces of property in the heart of Commerce's flood plain are eligible for the buyout. The first closings are set for Thursday afternoon.

WHEN DID THE PROJECT BEGIN?

The Federal Emergency Management Agency approved the Commerce buyout in November. The village submitted its application in August.

HOW MUCH WILL THE PROGRAM COST?

Buyout programs are voluntary and do not cost property owners. Most of the funding comes from state and federal agencies. Commerce will receive a total of $1.7 million through the buyout program. Seventy-five percent of the money comes from federal funds; 25 percent comes from the state.

WHAT HAPPENS TO THE LAND AFTER A BUYOUT?

As property owners accept the buyout agreement, the land is deeded to the Village of Commerce. The land becomes public property suitable for parks or recreation areas. However, no permanent structures can be built there and the town can't receive federal money to rebuild in the buyout area.