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. 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 – James Woods
Property Address – 2110 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 09004
Legal Description of Parent Parcel – LOTS 10 & 12 BLOCK J LAROCHE PARK SUBDIVISION
Required Right of Way – 0.005 Acres (or 218.89 SF)
Easement - 0.024 Acres (or 1040.00 SF)

STATUS:
Title work was performed on the property and the owner of record is Mr. James Woods.  On September 10, 2018, the appraiser met with the owner for an on-site inspection of the subject propert.  At that point in time, Mr. Woods did not express any concerns.

Staff contacted Mr. Woods and set up an appointment to meet at City offices on February 7, 2019. At that meeting, staff presented the offer. He stated that approximately 2 years prior, the chimney started to separate from the house and a structural engineer performed some shoring up and repair to the chimney. Mr. Woods is concerned about heavy equipment working near his home and how any associated vibration would affect the existing issues.

Mr. Woods requested staff visit his home for an on-site visit. On February 8, 2019, staff visited the subject property and took pictures of the chimney gap and cracks in the ceiling of his house. Staff promised to articulate to the engineers his concerns and ask that construction timing in front of his property be minimized. Staff requested a response within 30 days.

On March 6, 2019, Mr. Woods called, declined the offer, and stated he had retained an attorney, Krause & Kinsman, to which staff received written Notice of Representation on March 11, 2019. On March 18, 2019, a “10-day letter” was mailed to both Mr. Woods and Krause & Kinsman, requesting a response by March 28, 2019, to avoid litigation. Staff continued to negotiate with Mr. Needham, of Krause & Kinsman, but parties were not able to agree on value.

A GDOT-certified Appeals Officer, Ronnie Lewis, was engaged to further negotiate with the owner and his attorney. On June 26, 2019, Mr. Lewis spoke with Mr. Needham on the phone and discussed the proposed offer. After two additional contacts, 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 property.

 

Approval.