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. 22-1-9, the Georgia Landowner’s Bill of Rights.  If all rights-of-way and easements needed for the project are not acquired by December 2019, the City is at risk of losing reimbursement.

PARCEL INFORMATION:
Owner – JWDR Properties, LLC
Property Address – 2017 Delesseps Avenue, Savannah, GA 31404
Property Identification Number - 2-0103-10-020
Legal Description of Parent Parcel – LOTS 9 AND 11 BLOCK L SESSOMS WARD LAROCHE PARK
Required Right-of-Way – 0.002 Acres
Required Easement – 1,200.00 Square Feet

STATUS:
Title work was performed on the property and the owner of record is JWDR Properties, LLC.  On October 26, 2018, the appraiser met with one of the two owners, Doug Rains, for an on-site inspection of the subject property. 

Several attempts were made by staff to present an offer in person to owners and business partners, Joshua Walker and Doug Rains.  On March 5, 2019, the offer package was mailed to Mr. Rains.  On March 12, 2019, staff met with Mr. Walker at the subject property to discuss the proposed acquisition.  Mr. Walker informed staff that he would seek a new appraisal and get back in touch with the City.  Staff attempted to recontact Mr. Walker and Mr. Rains via certified mail, but had no success.  On April 19, 2019, a “10-day letter” was mailed, requesting a response by April 29, 2019, to avoid litigation.

A GDOT-certified Appeals Officer, Ronnie Lewis, was engaged to further negotiate with Mr. Walker and Mr. Rains.  On July 17, 2019, Mr. Lewis met with Mr. Rains and Mr. Walker at the subject property to discuss details of the offer and address questions regarding the slope easement, driveway, and landscaping.  Mr. Lewis reports that agreement could not be reached regarding the acquisition of the required property rights.  Therefore, eminent domain will be needed to acquire the right-of-way for the project.

Approval