Imminent domain statute used to acquire right-of-way

2008-02-07 / Front Page

The Lincoln County Board of Commissioners voted to initiate imminent domain proceedings against land owned by Dan and Jennifer Gates on Nethania Farm Road.

The action was taken at a called meeting of the commission held Monday, January 28.

The county has been acquiring easements to prepare the way for widening, straightening, and paving the road, paying landowners $6,000 per acre. The figure is based on property values as determined by the Lincoln County Board of Tax Assessors.

Using this rate, the three-quarters of an acre needed from the Gateses would amount to $4,400.

According to Britt Hammond, county attorney, "Mr. Gates paid $350,000 for 16.01 acres on Nethania Farm Road in 2006. In light of this fact, he feels the county should compensate him for the land at a rate of about $21,000 an acre because that's what it's worth to him."

He went on to note that Marcene Powell of Powell & Associates, Inc. conducted an independent appraisal and valued the three-quarters of an acre at $3,900.

In closing, Hammond said, "We tried our best to reach an agreement with Mr. Gates but were unsuccessful. He had no evidence - nothing to support his position - except for what he paid for the land in 2006."

The attorney has 30 days to file the court action.

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