The Jimmy Deloach Connector Project will include the construction of a road on new alignment beginning at Bourne Avenue and extend 3.1 miles north to the existing Jimmy Deloach Parkway located East of I-95 near the Port of Savannah’s Gate.  The project is primarily located in Port Wentworth, Chatham County, Georgia.  New interchanges will be constructed at both Grange Road and Jimmy Deloach Parkway.  The project is needed to provide faster truck movement into and out of the Savannah Port from SR 21 and provide an alternate route to accommodate increasing truck traffic entering and exiting the Savannah Port.

In December 2011, the Georgia Department of Transportation awarded a $73 million contract for its construction.  The Savannah Morning News said in a December article that “the Port authority and state transportation officials have said the new roadway is critical to improving port access and growing the state’s logistics industry”.

View the layout of the project below, which shows the affected properties and road alignment (the file is large and may take time to download):

Jimmy Deloach Parkway Connector Project Layout

Property acquisition is underway for this project, and The State of Georgia has the authority to use eminent domain if negotiations can not be reached.  If you are affected by this project, you should know that the government is required by law to pay you just compensation.  The calculation of just compensation often involves a wide range of issues which government appraisers typically do not consider such as the highest and best use of the property, damages to the remainder parcel, and/or special damages to the property such as restricted access, zoning, permitting, etc. as a result of the taking.

If you reject the government’s offer, it still has to pay you that money, and this does not jeopardize your right to get more money in the eminent domain hearing.  Oftentimes, a property owner will only receive just compensation by allowing condemnation to occur. In condemnation, an owner can show that the rules for highest and best use will produce a higher price than the amount offered by the government.

Learn more about Georgia eminent domain.

Suggested reading

The Importance of Selecting an Appraiser

3 Things to Consider when Speaking to the Authorities

Suggested videos:

Eminent domain strategy considerations

Eminent domain damages

Eminent domain severance damages

Contact us for more information on this project and your rights in the eminent domain process.

Last spring, our firm participated in a mock congressional hearing on the claims of the Harris Neck Land Trust at Emory Law School in Georgia.  The hearing was designed to assist the Harris Neck Land Trust effort to win congressional backing to recover the land now controlled by the US Fish and Wildlife Service.  If you are not familiar with this movement, you should read more about their story.

Significant progress was made in December on the struggle for Justice by former members of the Harris Neck community and their descendants.  A hearing before the House of Representative’s Committee on Natural Resources Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs was held on December 15th, 2011.  Many issues were considered, including the eminent domain violations in the 1942 taking, and the Trust’s plans for its proposed new community.  The Harris Neck Land Trust gained the support of the subcommittee members who further directed the Fish & Wildlife Service to carefully examine how they obtained this property, determine whether all members were fully and justly compensated, and consider the remedies available to provide justice to all members of Harris Neck.  The next step in the process is the introduction, and then Committee consideration, of a legislative solution.

Read the Harris Neck Press Release

Project Neon is a corridor program developed to re-design I-15 between the Spaghetti Bowl and Sahara Avenue in the heart of Las Vegas.  This $1.5 billion project will affect hundreds of homeowners and business owners along the project corridor.  The project extends 3.7 miles and includes more than 13 lane miles of new bridges, a new HOV connector between US 95 and I-15, and direct access ramps at Wall Street, as well as local traffic improvements on Charleston Boulevard, Martin Luther King Boulevard, and Grand Central Parkway.  Project Neon is divided into 5 phases consisting of the following improvements:

Phase I

• HOV connector between US 95 and I-15
• Direct HOV access ramps at Wall Street
• Reconstruction of the Charleston Boulevard Interchange
• Grand Central Parkway/Western Avenue connector over Charleston Boulevard
• Slip ramp from the Charleston Boulevard Interchange to Alta Drive/Bonneville Avenue

Phase II

• Martin Luther King Boulevard/Industrial Road connector
• Oakley Boulevard/Wyoming Avenue overpass at UPRR

Phase III

• Full reconstruction of Charleston Boulevard Interchange
• Reconstruction of I-15 north of Oakey Boulevard

Phase IV

• Southbound I-15 ramps between Spaghetti Bowl and Sahara Avenue

Phase V

• Northbound I-15 ramps between Spaghetti Bowl and Sahara Avenue
• Reconstruction of I-15 south of Oakey Boulevard

The Federal Highway Administration issued a Record of Decision, or ROD, on Project Neon in October 2010, officially approving the project’s final Environmental Impact Statement.  The Nevada Department of Transportation is initiating phase one of Project Neon.

Through the end of 2012, the focus will be on property acquisition and major utility relocations.

Phase I is estimated to cost between $370M-$470M and the total cost of the project is estimated at $1.8B.  The Regional Transportation Plan has programmed funding through 2030, but it has not been appropriated.  Nearly $30 million has been appropriated in the Transportation Improvement Program for phase one in 2011.

Phase I could be under final design and construction as early as 2013 and last approximately 3 years.

Property Acquisition and Nevada Eminent Domain

We’ve talked to a handful of property owners in Phase I who have heard from the Nevada DOT but have not received an appraisal or an offer yet.   We anticipate that most of the property will be acquired in 2012, which was confirmed by the Nevada DOT.  Property owners affected by this project should know that they have rights if they choose to assert them.  Frequently, a property owner will only receive just compensation in Nevada eminent domain cases by allowing condemnation to occur.  In condemnation, a property owner can show that the rules for highest and best use will produce a higher price than the amount offered by the government.  Also, government appraisers often have long-standing relationships with the government, and their appraisals may contain other errors such as using incorrect comparables or ignoring severance damages.

Before settling with the government, it’s important to know what level of just compensation you are entitled to receive.   Learn more about Nevada eminent domain.

Project Maps and Additional Resources

Project Neon Phase I map

Nevada DOT Project Neon Website

Judge Madden’s interim ruling on Willets Point is already old news.  However, given our interest in NYC’s land grab projects, aka “redevelopment projects”, we wanted to at least touch on the topic and direct our readers to several great articles previously published on this matter.

First of all, we’re not shy about our stance on NYC land grab projects, which typically involve  “taking from small, middle-class owned businesses and giving to the wealthy folks with city hall connections”, a process that Gideon Kanner describes and rightfully labels  “reverse Robin Hood” in his recent article on Willets Point.  The Willets Point Project is no exception to this rule.  The NYC EDC is planning on redeveloping the 61 acre site which is the last underdeveloped area nestled between Citi Field and downtown Flushing.

The Bait and Switch tactic used in this project relates to the construction, or lack thereof, of new ramps on the neighboring Van Wick Expressway as outlined in the environmental impact statement (EIS).  In order to deal with heightened traffic resulting from the development of Willets Point, the project proposal considered the ramps an essential part of the project.  The EIS assumed the ramps would be built, and the City stated during oral arguments that if the ramps are not approved then they would not proceed with the plan as conceived.  Furthermore, the City stated during the original Article 78 proceeding that it would not go forward with its exercise of eminent domain power until approval for the ramps had been obtained.

Lo-and-behold, the City abandoned its proposal to build the highway ramps after it was revealed that the City’s ramp study submitted to the Federal Highway Administration, contained assumptions directly contradicting the assumptions of the EIS submitted to the City Council for the redevelopment.  Rick Hills of PrawfBlogs highlights the oddities of this contradiction by noting that consulting firm AKRF is responsible for compiling both reports.  The City has now decided to carry out the project in stages (although the EIS analyzes the project as a single project), and to exercise its eminent domain power to proceed with a portion of the project, without approval of the ramps.

Thankfully, Judge Madden recognized the severity of this contradiction in her opinion and stated “I conclude that the integrity of the decision-making process has been impacted and sufficient reasons exist for me to consider vacating my prior judgment.”  She further states “I conclude that I have the inherent power to entertain petitioners’ concerns regarding the City’s new staged approach to the development of Willets Point and to consider the adequacy of technical Memorandum, and that it is in the interests of Justice to do so”.  The order calls for further proceedings and to await the ruling of the Appellate Division in the right-to-take eminent domain proceeding, whose outcome may resolve the issues addressed in this case.

Photo courtesy of WSDOT

This project improves mobility by allowing motorists and freight to move north and south through metropolitan Spokane, from I-90 to US 395 at Wandermere. Once complete, the NSC will decrease travel time, fuel usage, and congestion, while improving safety by reducing collisions on local arterials.

When complete, the North Spokane Corridor will be a 60-mile per hour, 10.5 mile-long north/south limited access facility; that connects to I-90 on the south end (just west of the existing Thor/Freya Interchange) and connects to existing US 2 (at Farwell Road) and US 395 (at Wandermere) on the north end.

Interchanges will be built at locations along the corridor, to include: Trent Avenue (SR 290), Wellesley Avenue, Francis/Freya Street, Parksmith Drive, US 2, and US 395 at Wandermere.

The project consists of three phases as follows:

I-90 East and West from Hamilton to Fancher, and I-90 and existing NSC North to the Spokane River

click to enlarge

This section is commonly referred to as the ‘collector/distributor corridor’.  Currently property acquisitions are underway from willing sellers and acquisition began in the SE quadrant in July 2011

Spokane River to Francis

click to enlarge

The project extends North of the Spokane River and terminates at the Francis interchange.  Refinements to the existing designs from the Spokane River to the Francis Interchange have resulted in project savings of over $300 million dollars.  Limited right-of-way acquisitions are currently underway.

The environmental reevaluation for the Spokane River to Francis section will be completed in 2011.

The Spokane River to Francis is further divided into 6 segments, allowing WSDOT to complete the project in phases as funding is secured.  This section includes the following projects:

Project One: Francis Interchange
Project Two: Rowan North, which includes grading, structures and BNSF realignment.
Project Three: Euclid to Rowan, including grading, structures and BNSF realignment
Project Four: Wellesley Interchange
Project Five: Wellesley to Francis, including grading, paving and structures
Project Six: Spokane River to Wellesley, including grading, paving and structures

click to enlarge

Francis/Freya Interchange North to US 395

This project will construct a new highway on new location.   A total of 8 projects were funded by the 2003 “Nickel” Legislative Transportation Funding Package.  Six are complete and open to traffic (light blue).  It is anticipated that the last 2 contracts (in pink and pedestrian path in dark red) will be completed in late 2011 or early 2012.

For the Tiger Grant funded projects, construction began in 2010 on the NSC-Freya Street to Farwell Rd Southbound additional lanes project.  This 2 year project will complete the southbound lanes between Francis/Freya and Farewell Interchanges; by constructing 3 additional lanes, and seven bridges and roundabout.  The NSC and Parksmith interchange is also being constructed and the project could be complete in 2012.

We were told by WSDOT that property acquisition has resumed in the Francis to Market area and we’re waiting clarification regarding what this additional property will be used for.

The links below show the real estate acquisitions for the I-90 portion of the project as well as the Spokane River to Francis Redesign:

I-90 Real Estate Acquisition West

I-90 Real Estate Acquisition Central

I-90 Real Estate Acquisition East

Spokane River to Francis Redesign

Property Acquisition and Attorney Fee Recovery

Because this is a public use project, WSDOT will have eminent domain authority to acquire property if negotiations can not be reached.

When the government makes you an offer, it will tell you that it represents fair market value.  It may even show you an appraisal.  But be aware, appraisals can vary, and the government’s may be a low one.  If you reject the government’s offer, it still has to pay you that money, and this does not jeopardize your right to get more money in the eminent domain hearing.

Oftentimes, a property owner will only receive just compensation by allowing condemnation to occur. In condemnation, an owner can show that the rules for highest and best use will produce a higher price than the amount offered by the government.

If you pursue a claim for additional compensation, you should know that in Washington, attorney’s fees and costs may be paid for by the government if the judgment awarded at the trial exceeds the highest written offer by at least 10 percent (WA 8.25.070).

Links:

WSDOT North Spokane Corridor Website

Washington Eminent Domain

The $62M project, planned in three stages, will involve numerous changes to the traffic pattern in the Utica area and will involve the major reconstruction and partial realignment of the North-South Arterial through West Utica.   This project also includes but is not limited to replacing the 51 year old bridge over Columbia Street, creating a new pedestrian bridge across Route 12, construction of additional parking between Court and Lafayette Streets, and constructing a new ramp off Oriskany St. providing access to Varick Street.   Stephen Zywiak, DOT regional design engineer stated “This is the central arterial that we have in the region and the condition is such that we need to get a timely replacement”.

This project has been in the planning phase for years and will affect approximately 85 families and businesses.  The final NYS DOT public hearing for the project was held on September 27^th, 2011 at the state office building at 207 Genesee St.  The final alternative has been selected, property appraisals are underway and the first phase of the project will begin in late 2012.  The state can begin acquiring properties once they obtain final design approval from the Federal Highway Administration, which is expected to occur by the end of 2011.

*Design concepts are included below

Because this is a public use project, the state highway department has eminent domain authority to acquire property if negotiations can not be reached.   Property owners should familiarize themselves with their rights under New York eminent domain law prior to accepting an offer from the state.  We have several pages on our website devoted to this topic, including a flow chart which details the New York eminent domain process and information related to attorney fee and cost recovery.  There are 2 important eminent domain statutes that you should be aware of:

1. When presented with an offer by the State, you can either sign the final settlement papers or the offer for advanced payment.  By signing the final settlement papers, you are accepting the state’s offer and waiving your right to pursue additional just compensation under New York eminent domain law.  If you would like to pursue a claim for additional just compensation, you must sign the offer for advanced payment.  Once this offer is signed, you will receive payment from the state for the amount offered (provided there are no liens or judgments attached to your property and no past due taxes) and allow you to initiate a claim for additional just compensation.   If you sign the offer for advanced payment, you must within three years after service of notice of acquisition or vesting, (whichever is later) file a claim for additional damages with the clerk of court having jurisdiction over the matter. (NY EM DOM PROC § 503).  Learn more about New York eminent domain.
2. NY EM DOM PROC § 701 allows for the recovery of attorneys fees and costs in a just compensation case if the final award is substantially greater than the condemning authority’s offer of payment.  Learn more about New York attorney fee recovery.

Resources:

Preferred Alternative (Sept 2011)

ROW information from the Environmental Assessment (July 2011)

NYS DOT project website

Observer-Dispatch news article

I had the opportunity to meet with about 10 property owners who are affected by the Willets Point Redevelopment Project in Flushing, and I also had the pleasure of meeting Robert LoScalzo, who is creating a documentary on the project.  We all had dinner at Tony’s Pizzeria in Flushing and discussed the project, their current right to take challenge and New York eminent domain law.

For those of you not familiar with the area, I’ll spend a few minutes describing it and explaining the purpose of the project.  Years ago, downtown Flushing was considered a deteriorating area with no real redevelopment incentive.  However, based upon its prime location, downtown Flushing realized significant redevelopment spurred by private dollars.  Currently, the area is thriving with businesses and valuable properties.  This area is significant because it exemplifies how redevelopment can occur on its own in prime locations, without the aid of a redevelopment authority.  Property in a good location is usually (but not always) subject to private redevelopment.

Across the highway (Van Wyck Expressway) from downtown Flushing is Citi Field, and in between the ball park and downtown Flushing is Willets Point.  Currently, redevelopment is pushing outward from downtown Flushing towards Willets Point, making Willets Point the only underdeveloped area between downtown Flushing and Citi Field.   Although the New York City Economic Development Corp. (NYC EDC) is spearheading a major redevelopment project in Willets Point, I think the area would have attracted private redevelopment over time.    I think the marketplace would have realized the potential of Willets Point given its prime location and redeveloped this area on its own, without the aid of NYC EDC.

The redevelopment that has and is occurring in the area will ultimately influence just compensation for these property owners should Judge Madden allow the redevelopment project to proceed and condemnation of these properties occur.

Learn more about the Willets Point Project.

The 58 corridor is a series of improvement projects with most roadways along the corridor undergoing major widening construction. The project also includes replacement of bridges, landscaping, signal improvements, and added turn lanes. The project’s need was identified in 1989 in order to enhance economic development across this largely rural area of the state.   Today, about 370 miles are four lanes or more, compared to 240 miles when the program started.

We have design plans showing property impacts for the following phases.  For each phase, preliminary engineering and ROW are the only phases funded and both are underway for each project.  Click the project description to view the plans.  Plans are large and will take a long time to download:

1.Route 58 Widening to four lanes from US 714 to Stuart Bypass

2. Route 58 Corridor development from East Big Reed Island Creek to Mapleshade Road

3.  Route 58 Widening to four lanes from Route 820 to Big Reed Island Creek

4. Route 58 Widening to four lanes from Route 795 to route 610

5. Route 58 Widening to four lanes from Mapleshade Road to Route 600

Read more about the Route 58 Corridor Projects

The widening of Route 58 will require the acquisition of private property through eminent domain, if negotiations can not be reached.   Learn more about Virginia Eminent Domain.

We were invited to speak at the South Fairmount Business Association monthly meeting to discuss eminent domain as it relates to the Lick Run Project in Cincinnati.  Tonny Storey and I represented the firm and presented on the Ohio eminent domain process, discussed possible valuation issues specific to the affected properties, and also answered frequently asked questions.

If you’re not familiar with the $122M sewer project, you can read more about the Lick Run Project in our blog.

After viewing the affected properties and talking to business and land owners, both Storey and I agreed that highest and best use will be the most problematic valuation issue.  Will the Metropolitan Sewer District (MSD) properly identify the appropriate highest and best use (HBU) for each property? Will they value properties as industrial when they could have a highest and best use of C1 or C2?  Will they consider a HBU of commercial or industrial for some of the residential properties?  Additionally, it will be interesting to see how they select their comps.  Will they use low grade destination commercial instead of high quality impulse commercial comps?  We’ll have to wait and see when offers start coming in for these business owners.  Offers are currently being made to willing sellers; eminent domain will not be a factor for quite some time.

Updated materials are posted below.  There is a public hearing on this project on August 17th, 2011.

Public Hearing Announcement

MSD Clean Ohio Project Summary 7-15-11

We recently spoke to a representative at the Texas Department of Transportation (TxDOT) who provided us with the following status updates for each segment of the North Tarrant Expressway (NTE) Project.

The North Tarrant Expressway Project is divided into seven segments, each with varying time-lines for property acquisition, construction and funding.    The following information is included for each segment below: project parameters, status update, and layouts/schematics detailing the proposed route and affected properties.  Also, TxDOT has released a summer 2011 NTE Master Development Plan; you can read that here:

Summer 2011 NTE Master Development Plan

Segment 1

Parameters: From IH 820 and IH 35W interchange, along IH 820 to the east and ending at the “NE Mall Interchange” (IH 820 & SH 121/183).

*Route depicted in gray on Summer 2011 NTE Master Development Plan (page 2).

Status Update: Construction has begun and they are acquiring the last few remaining properties necessary to complete this segment.

Segment 1 Layout_page 1

Segment 1 Layout_page 2

Segment 1 layout_page 3

Segment 1 Layout_page 4

Segment 1 layout_page 5

Segment 1 Layout_page 6

Segment 2W:

Parameters: SH121/SH 183 from IH 820 to Industrial Blvd.

*Route depicted in gray on Summer 2011 NTE Master Development Plan (page 2).

Status Update: Construction has begun and they are acquiring the remaining property necessary to complete this segment.

Segment 2W layout_page 1

Segment 2W layout_page 2

Segment 2W layout_page 3

Segment 2W layout_page 4

Segment 2W layout_page 5

Segment 2W layout_page 6

Segment 2E:

Parameters: SH 183 from Industrial Blvd to SH 161.

Status Update: There is currently no funding for property acquisition or construction, but this segment does have environmental approval. Construction is not scheduled until at least 2016 and they are unsure when property acquisition will begin as funding is not secured for this phase.

Segment 2E layout_page 1

Segment 2E layout_page 2

Segment 2E layout_page 3

Segment 2E layout_page 4

Segment 2E layout_page 5

Segments 3A:

Parameters: I-35W from N of I-30 to S of I-820.

Status Update: They have funding for property acquisition and they have just begun sending out offers to affected property owners. Construction has not begun but is estimated for 2011-2017.

Segment 3A layout

Segment 3B:

Parameters: I-35W from N of I-820 to US 81/287.

Status Update: They have funding for property acquisition and they have just begun sending out offers to affected property owners. Construction has not begun but is estimated for 2011-2017.

Segment 3B layout

Segment 3C:

Parameters: I-35W from US 81/287 to SH 170

Status Update: They currently do not have funding for property acquisition or construction. Environmental approval is underway and construction is scheduled for 2016-2020 at the earliest.  Property acquisition will commence when funding is secured for this phase.

Segment 3C layout

Segment 4:

Parameters: I-820 from SH 183 to Randol Mill Rd.

Status Update: They currently do not have funding for property acquisition or construction, but they do have environmental approval for construction.  Construction is scheduled as of now for 2021-2025.  Property acquisition will commence when funding is secured for this phase.

Segment 4 Layout