title
Resolution Authorizing the City Attorney to File Condemnation Actions for the Pine Grove South Intersection Improvements Project
body
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Department: |
City Council |
Meeting Date: |
10/21/2025 |
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Contact Name: |
Whitley Stavish |
Public Hearing: |
No |
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Contact Phone: |
910-765-0720 |
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 to file condemnation actions for ten properties related to the Pine Grove South Intersection Improvements Project (“Project”), which is part of the Transportation Bond Program, and includes 16 right-of-way acquisitions, seven permanent utility easements, one dual use permanent drainage and utility easement, five permanent drainage easements, and 12 temporary construction easements in order to complete the Project. There is one (1) “total take” of property for the Project.
BACKGROUND:
City staff have made progress towards voluntary acquisition of easements for approximately 70% of the properties in this Project. Title searches are complete for all properties, and 34 closings have been completed. City staff have not been able to make contact and/or reach an agreement with the owners as to the amount and/or specific terms of the easement agreements in order to complete the remainder of the acquisition 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 September 2, 2025. 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.
The resolution will include Council’s authorization to file condemnation actions in New Hanover County Superior Court. The filing of the condemnations will then allow the City access to the following properties in order for construction to proceed:
• Liles Enterprises, Inc. - 805 Pine Grove Drive and 5113 Greenville Loop Road
• DG Wilmington POOH, LLC - 810 Pine Grove Drive
• DVM Services Realty, LLC - 908 Pine Grove Drive
• Wells Fargo Bank, N.A. - Greenville Loop Road
• David and Elizabeth Terkeltoub - 902 Pine Grove Drive
• LMH Coastal Properties, LLC - 121-123 Mayberry Court
• Frank and Debra Snyder - 5098 Edinboro Lane
• Caden and Hailey Kuzma and Michael and Rhonda Kuzma - 113-115 Mayberry Court and 117-119 Mayberry Court
The City Attorney’s Office has given all remaining property owners thirty (30) days’ notice of the City’s intent to file the condemnation actions. Upon passage of this resolution, the City can file the condemnation actions and deposit an estimate of just compensation with the New Hanover County Superior Court. Once the condemnation actions have been filed, 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 Transportation Bond in the amount of $14,955,000. The filing of the ten condemnation actions will impact the Project budget by $1,162,630, which represents the total property acquisition value and filing fees. Staff is preparing to bid this project for construction in November 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.