Since its construction in 1973, there have been multiple attempts by the City and local leaders to have the Flyover removed, all of which were unsuccessful.  In 2022, however,  Congress passed and President Biden signed a major infrastructure bill that provided a process and funding to “reconnect communities” that were impacted by prior Urban Renewal projects. With strong support from a coalition of local business and community leaders, the City passed a resolution which provided funding and support for the current effort to remove the Flyover. Collectively, the United States Department of Transportation, the Georgia Department of Transportation, and the City of Savannah have committed $1.8 million to fund the feasibility study, which is currently in process. As of the Effective Date of this Agreement, it is not yet clear whether the efforts to remove the Flyover will be successful. It will require several years and significant federal and state funding before a firm decision is made. If a decision is made to remove the Flyover, then one of the most important objectives will be the reconstruction of several east west at-grade roads that were disconnected when the Flyover was built, including Berrien Street and Jones Street.

In 2018, Hallex acquired the property known as 414 MLK (which includes a portion of Berrien Street) and in 2023, Hallex acquired the adjoining property known as 412 MLK.  412 MLK and 414 MLK share a boundary with the Flyover from Berrien Street, on the south, to Jones Street, on the north. In 2023 and 2024, Hallex sought permission from the Historic District Board of Review (“HDBR”) to demolish (deconstruct) two buildings located on the Property. On November 28, 2023, HDBR approved the request of Hallex to demolish the building located at 414 MLK but rejected Hallex’s request to demolish the building located at 412 MLK. Hallex appealed that decision to the Mayor and Aldermen of the City of Savannah, which approved Hallex’s petition to demolish the building located at 412 MLK, subject to a condition prohibiting demolition until Hallex had developed and received Part 1 (height and mass) and Part 2 (design) approval from the HDBR (“Special Condition”).   

If the Flyover is removed, Hallex has developed a conceptual plan whereby (1) Hallex conveys the former Berrien Street right-of-way to the City, and simultaneously (2) Hallex acquires from the Georgia Department of Transportation, with the coordination and support of the City, a triangular-shaped parcel that will be created on the west side of the former Flyover, resulting in the eastern boundary of 412 MLK and  414 MLK becoming Montgomery Street. (The parties acknowledge and agree that the precise location of Montgomery Street subsequent to the Flyover removal has not been established.)

Until the City’s efforts to remove the Flyover are successful, it is unknown whether the project will ever occur. As the City continues its design and development plans, it is the City’s desire that no construction take place on that portion of 414 MLK that was the former Berrien Street right-of-way. Such construction would preclude the re-establishment of Berrien Street as an east-west connector street in the Historic District. The current agreement would require Hallex to not construct any permanent improvements on the Property for a period of three years, it being understood and agreed that temporary improvements, including but not limited to fences, landscaping, hardscaping and lighting, may be installed with approval of the HDBR.

Approval