BACKGROUND:
The Mayor and Aldermen of the City of Savannah approved and entered into a Right-of-Way Acquisition Contract with the Georgia Department of Transportation (GDOT) on August 17, 2017 for improvements to Delesseps Avenue and LaRoche Avenues between Waters Avenue and Skidaway Road. The proposed project will provide sidewalks, bicycle facilities, curb/gutter, and improved drainage. Existing signals along the corridor would be modified to include pedestrian phases, signal heads and push-button stations. A total of 120 parcels are affected in which rights-of-way and/or easements from private landowners are required to facilitate this project.

The Right-of-Way Acquisition Contract governs how the project will be managed and includes reimbursement from GDOT to the City in the amount of up to $2,284,800 for eligible acquisition costs. Staff has performed in accordance with 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, as well as O.C.G.A. 21-1-9, the Georgia Landowner’s Bill of Rights. 

PARCEL INFORMATION:
Owner – Vihaan, LLC
Property Address – 2022 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 08028
Legal Description of Parent Parcel – LOTS 20 & 22 BLOCK I LAROCHE PARK SESSOMS WARD
Required Right of Way – 0.007 Acres (or 299.55 SF)
Easement - 0.017 Acres (or 740.80 SF)

STATUS:
Title work was performed on the property and the owner of record is Vihaan, LLC. c/o Jayantibhai A. and Nirali J. Patel. On December 22, 2018, an appraisal and on-site inspection was completed for the subject property and adjoining property owned by the Patels.

Robert Buttimer, Acquisition Agent for the City, met with the Patels on May 15, 2019 and explained and presented the offer to them. At that meeting, the Patels stated that several of the residential properties along the corridor had been offered the same amount of money as they were being offered for their commercial property. Mr. Buttimer told the Patels that some residential property owners may receive money for proximity damages that were not available to commercial property owners. The Patels stated they would ask their attorney to review the offer and then get back to him.

On May 21, 2019, Mr. Buttimer met again with the Patels and went over the offer again. He showed them the view of the profile of the road with the car lane, bike lane, and sidewalk. Mrs. Patel expressed that she thought she should get more money for the acquisition. A counteroffer was mentioned and she wanted to discuss it further with her husband and get back to Mr. Buttimer.

Mr. Buttimer contacted the Patels again on June 5, 2019 to see if they would agree to sell. Mrs. Patel said she was turning everything over to an attorney. Mr. Buttimer advised the Patels that he would get a 10-day letter requesting a final decision and hand-delivered said letter on June 7, 2019. He told the Patels to contact him if they changed their mind.

Per protocol, on August 28, 2019, a GDOT Certified Appeals Officer, Mr. Ronnie Lewis, was engaged. Mr. Lewis contacted the Patels and Mrs. Patel told him to call their attorney, David Needham, of Krause & Kinsman, as he would be representing them.  After several contacts, Mr. Lewis reported that an agreement could not be reached with the Patel's attorney regarding the acquisition of the required property rights. Therefore, eminent domain will be needed to acquire the right-of-way for the property.

Approval