Country Club Road Widening
NC DOT/ Rocky Mount STIP
Project U-3331
SIGNS OF LIFE AFTER NINE YEARS: THE
STAKES ARE UP!
ACTION AT LAST
• Since 2004, Country Club Road’s widening has
been promised and postponed. On October 12,
2004, the Sunset Avenue Corridor Plan was
issued. It said:
“Projects programmed in the 2004-2010 TIP with
potential implications for Sunset Avenue include:
Project U-3331, the widening of Country Club
Road from Zebulon Road to Jeffrey’s Road to be
built in the federal fiscal year 2005.
Repeated Delays
• After repeated delays, Right of Way
Acquisition for U-3331 was scheduled for
January 2013, but nothing happened.
August 8, 2013 NC DOT Board of
Transportation Agenda
Approves ROW acquisition activities for Country Club Road widening
project:
The rights of way for the location, construction, relocation, and control
of access of highways . . . shall be as shown in detail on the preliminary
right of ways plans . . . The Board finds such right of way acquisition to
be necessary and hereby authorizes the Right of Way Branch to
acquire right of way . . . by negotiation or by condemnation through
the Attorney General’s Office:
(Division 4) Nash County; I.D. No. U-3331; Project No. 34927.2.2:
Rocky Mount – SR 1616 (Country Club Road) from US 64
Business(BuckLeonard Boulevard) to SR 1541 (Jeffreys Road Leonard
Boulevard)
And More Money Budgeted for ROW
acquisition
$1,740,551.00 has previously been approved for
right of way and utilities.
Funds need to be increased $6,085,000.00 for
full right of way.
$6,085,000.00 Cost
$4,868,000.00 Fed.
$1,217,000.00 State
We are finally at Stage 5: Property
Acquisition
What can you expect?
• You have probably
noticed stakes with pink
ribbons going up on
properties along the
project -- you may
recognize your own
property in the photos
of staking which follow.
Stakes marking right of way NC DOT will take from
existing property
Homes along the project with right of
way stakes in place
Residential ROW stakes
Commercial and vacant property ROW staked
ROW Stake along Volunteer Fire Department
What can you expect next ?
Initial Contact with a NC DOT ROW
agent
You should expect a ROW agent to contact you.
We recommend that you hire an attorney prior
to that initial contact to communicate with the
ROW agent on your behalf.
What are the ROW agent’s goals for
your first meeting
1. To explain the necessity and nature of the
project;
2. To explain how your individual property will be
affected;
3. To explain the acquisition process; AND
4. To secure your cooperation with the State’s
appraiser, including encouraging you to inform
appraiser of comparable sales in your area;
5. To document each comment you make
concerning your property on a “negotiating
diary form.”
Protect your interests with legal
counsel
• Have an attorney present and representing
your interests during the State appraisal of
your property:
• You have a right to attend the appraisal and to
have counsel present.
What will be taken?
• City Transportation official estimated 30
properties to be partially taken, 20 of which
are estimated to be business properties and
the remainder residential or investment
properties.
Preliminary Hearing Map
Map Legend
When will it be condemned?
• Acquisition will start as soon as the State has
appraised the properties being condemned.
• Construction will start June 2014 according to
current plans.
• To view the map of acquisition in parts, see
the following slides:
Far Western Quadrant
Midwestern Quadrant
Mid Eastern Quadrant
Far Eastern Quadrant
FINANCIAL COMPENSATION IS A STATUTORY AND
CONSTITUTIONAL RIGHT FOR ANYONE WHOSE LAND IS BEING
TAKEN BY THE STATE FOR THIS Right of Way PROJECT
• Partial taking:
When the Department of Transportation
condemns only part of a tract of land, the
owners of the land are entitled to receive the
difference between the fair market value of the
entire tract immediately before the taking and
the fair market value of the remaining property
after the taking, less any general and special
benefits.
The property must be valued for its highest and
best use.
How is fair market value determined?
Residential and commercial property are
treated differently.
If your property’s highest and best use is
commercial, even though you use it as a
residence, a commercial valuation may be
appropriate. This project is along a mixed
commercial and residential roadway, so that
commercial valuation may be appropriate for
some residential properties being condemned.
Investment property is also treated differently.
Farm income is admissible to determine
agricultural property value.
Rental property: When rental property is
condemned the owner may not recover for
lost rents, but rental value of property is
competent on question of fair market value of
property at time of taking.
ment, but not as to deposit amount once
made
Who can recover compensation
damages in a condemnation case?
•
•
•
•
•
•
•
•
Owners in fee simple
Tenants
Lessees
Mortgagors
Mortgagees
Holders of life estates
Owners of easements
Commercial property owners and residential
owners.
Be careful and know your rights!
• Condemnation cases are sufficiently complex
that unrepresented parties typically make
mistakes which prevent them from obtaining
fair compensation. Don’t let this happen to
you.
Check back for project updates
• These will be posted periodically on our web
page and YOU TUBE.
• Go to www.lawmed.com for project updates
for Country Club Road U-3331, Rocky Mount,
Nash County, NC