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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:

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country club road widening nc dot rocky mount stip project u 3331

Country Club Road Widening NC DOT/ Rocky Mount STIPProject U-3331

SIGNS OF LIFE AFTER NINE YEARS: THE STAKES ARE UP!

action at last
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
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
August 8, 2013 NCDOT 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
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

what can you expect
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.
initial contact with a nc dot row agent
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
What are the ROW agent’s goals for your first meeting
  • To explain the necessity and nature of the project;
  • To explain how your individual property will be affected;
  • To explain the acquisition process; AND
  • To secure your cooperation with the State’s appraiser, including encouraging you to inform appraiser of comparable sales in your area;
  • To document each comment you make concerning your property on a “negotiating diary form.”
protect your interests with legal counsel
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
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.
when will it be condemned
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:
slide28

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.

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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
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
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
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