By Josh Hayes / jhayes@crossville-chronicle.com
May 12, 2008 04:10 pm
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Few landowners receive offers for land they didn't have up for sale. However, that happens more often when the government is interested in buying land.
The Tennessee Department of Transportation (TDOT) presented an offer to the Cumberland County Board of Education for a tract of land affected by the latest road project.
At the May 6 BOE meeting, Right of Way agent Tammera Hicks explained to the board that TDOT was in the acquisition and relocation process for a project involving SR 101 at Lantana Road from SR 282 at Dunbar Road to SR 392 at Miller Avenue. The project length is said to be 3.381 miles.
The school board has property of 0.683 of an acre near South Elementary that will be affected. TDOT is offering the school board $50,300 for the tract of land.
Hicks explained not only will the board be paid for the land, but also for the chain link fence they have there and for part of the existing asphalt driveway, which would be replaced in time.
She went on to say there are two signs affected in the area, one with the brick-based foundation and a two-faced plastic sign attached to a pole.
In the first appraisal, the land was estimated at a value of $20,000 per acre at midrange, which multiplied by the amount effected at 0.683 puts the land at $13,600. The improvements with the two signs, the driveway and chain link fencing come to $17,514. The total offer would then come to $31,200.
Based on the actual review by TDOT, Hicks explained, the offer increased to a value of $50,300. The reviewer assessed the value of the land at $50,000 per acre at mid range rather than $20,000, putting it at $34,150.
Under this estimation, the improvement amount increased to $16,150, making the final total offer $50,300.
The board did not make a decision regarding the offer at the May 6 meeting.
Hicks further explained the BOE had right to retain or destroy the concrete sign. If they choose to retain it, the board would be responsible for the relocation cost. Otherwise, the state would be able to destroy during its construction of the roadway.
Dan Schlafer, 9th District representative, asked, "Will you play what-if with me? What if we say, 'We just really don't want to sell that.' What happens?"
Hicks answered, "I put you in court."
"What if we say, '$50,000 is a great offer, but we think it's worth $100,000.' Then what?" Schlafer asked.
"Well, there would have to be some real justification for that type of increase," Hicks said. "We have certain authorities in our office, and due to my experience and being with the state 18 years, that would still put you in court."
Jerry Melton, Right of Way agent, explained to the board about their options with sign relocation, letting them know of local companies that could move the sign.
"As of May 6, 2008, you're 90-day notice begins to run on moving the sign," said Melton in reference to the two-faced sign.
"When you have settled with Tammera and signed the agreement of sale, it goes through the closing process and we acquire the property by deed—or through the court if it should go there—then a second and final 90-day notice will be issued," said Melton.
Melton continued, "You don't have to feel like you're under the gun to move the sign 89 days from now. This legal document gives you the right to wait."
The BOE did not make any decision regarding the offer or sign relocation at the meeting. The forms acknowledging the 90-day notice being given were signed by the appropriate persons.
• During her monthly report, Director of Schools Aarona VanWinkle gave an update on the 2008-'09 budget.
"I had hoped to present the revenue to you tonight, but we found out it's probably going to be at least three more weeks before we're given those numbers from the state department," said VanWinkle. "I hope that we can present that in late May."
The DOS told the board when the numbers come in, she would request a work session to go over the budget.
"I don't want to wait till the end of June before we finalize our budget in order to put it before the [county] budget committee," VanWinkle said.
The deadline for budget approval is not until October, VanWinkle noted, adding that she hoped the process for approval wouldn't run into the next school year.
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