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 – Jeannette Gordon (Deceased)
Property Address – 1315 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20097 39008
Legal Description of Parent Parcel – LOT 15 BLOCK P WEST WARD SACKVILLE WILKINS WARD
Required Right of Way – n/a
Easement – 0.002 Acres (or 100.43 SF)

STATUS:
Title work was performed on the property and the owner of record is Ms. Jeanette Gordon. Ms. Gordon is deceased and her son Andy Conner takes care of his mother’s estate. On March 14, 2019, staff spoke with Mr. Conner to answer general questions regarding the project and he verbally accepted the offer on behalf of her estate. He stated that he would mail staff the signed Purchase and Sale Agreement.

On March 25, 2019, staff contacted Mr. Conner and he then stated that he could not sign the Purchase and Sale Agreement, as the house has a lien due to unpaid nursing home costs from his deceased mother Ms. Gordon. Staff explained the City will move forward with acquiring the easement via eminent domain due to a cloudy title. Mr. Conner understood the City is acquiring easement via eminent domain due to a lien and not because of a value dispute.

On April 1, 2019, Mr. Conner called staff and stated that we would have to speak with Mr. Allen Bosson, the executor of Ms. Gordon’s estate. On April 2, 2019, staff spoke with Mr. Bosson regarding the acquisition and Mr. Bosson opposed and stated he is looking out for all 4 children’s interest and he will talk with Mr. Conner.

Per protocol, a GDOT Appeals Officer was engaged to further negotiate. He spoke with Mr. Andy Conner, his brother, Mr. Luke Conner, and also Mr. Allen Bosson. They advise that the nursing home intends to seize the home, was cooperative in providing names and addresses of all Mrs. Gordon’s children, but believes that the signing of any document would be a waste of time since the nursing home is going to take the home and Mrs. Gordon’s estate was never probated. Due to current title issues, eminent domain will be needed to acquire the easement for the property.

Approval