title
Resolution Authorizing Filing of Condemnation Actions for Acquisition of Right-of-Way and Temporary Construction Easements for the Dawson/Wooster Streetscapes Project Funded by the 2014 Transportation Bond
body
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Department: |
City Attorney’s Office |
Meeting Date: |
1/21/2025 |
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Contact Name: |
Nicole Ratliff |
Public Hearing: |
No |
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Contact Phone: |
910-341-1607 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution Attachment #2: List of Takings, Owners, and Value Attachment #3: Aerial Map of Properties |
PURPOSE:
The purpose of this resolution is to authorize the City Attorney’s Office to file condemnation actions for 13 properties related to the Dawson/Wooster Streetscapes Project (“Project”). The Project is part of the 2014 Transportation Bond Program, and 2 minor right-of-way acquisitions (21 feet, and 17 feet) and 11 temporary construction easements are needed in order to complete the Project. There are no “total takes” of property in the Project.
BACKGROUND:
City Staff have made progress towards voluntary acquisition of easements for approximately 75% of the properties in this project. Title searches are complete for all properties, and 44 closings have been completed. Many of the remaining 13 properties are heir properties and City staff has not been able to make contact and/or reach an agreement with the owners as to the amount and/or the specific terms of the easement agreements in order to complete the negotiations. The impacted property owners were notified about the condemnation process and about this City Council meeting by certified letter from the City Attorney’s Office, mailed on December 27, 2024. Staff will continue to work with these property owners in an effort to resolve these claims, but if resolutions cannot be reached in the near future, it will be necessary to file condemnation claims in order for the City to timely obtain the property rights needed to complete this capital improvement project.
This resolution will include Council's authorization to file condemnation actions in New Hanover County Superior Court. The filing of the condemnation will then allow the City access to the following properties in order for construction to proceed:
• Heirs of Kathy Lorraine George - 723 S. 8th Street
• Heirs of Arthur Hollis - 807 Wooster Street
• Heirs of Lucinda Parker aka Lucinda P. Alford - 724 S. 9th Street
• Heirs of Carrie M. Williams - 814 Wooster Street
• Alfonza Canty and Patricia D. Canty - 816 Wooster Street
• Heirs of George B. Age, Sr. - 721 S. 9th Street and 905 Wooster Street
• Heirs of George B. Age, Jr. - 909 Wooster Street
• Heirs of Robert M. Campbell - 1009 Wooster Street
• Eartha Daniels Stokes, et al. - 1015 Wooster Street
• Heirs of Marion Christopher Russ - 1108 Wooster Street
• Nell Hunnicutt - 1110 Wooster Street
• Tia Toomer Brown - 822 S. 6th Street
• Iran Green - 824 S. 10th Street
If Council adopts this resolution, the City is required to give thirty (30) days’ notice to the affected property owners and any other persons or entities having an “interest” in the property of the intent to file the condemnation action. At the end of the thirty (30) day notice period, the City can file the condemnation action and deposit an estimate of just compensation with the New Hanover County Superior Court. Upon filing the action and making the deposit, the City will be authorized to access the properties for construction.
budget
BUDGET IMPACT:
The project is currently funded as a capital project by the 2014 Transportation Bond in the amount of $538,748. The filing of these 13 condemnation actions will impact the project budget by $13,172. Staff is preparing to bid this project for construction by April of 2025. Therefore, in preparation for this schedule, the City must obtain the needed property rights for these properties.
recommendation
RECOMMENDATION / ACTION REQUESTED:
Staff recommends approval of the attached resolution.