Imminent domain statute used to acquire right-of-way

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.