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Local News

August 3, 2012

Overpass project bogged down by eminent domain

Royse City — Construction of the Interstate 30-Erby Campbell Boulevard overpass is bogged down by eminent domain.

Negotiations involving two tracts of land required for the project have failed, reportedly sending both to eminent domain proceedings.

“Eminent domain, we’ll ultimately get the property,” Larry Lott, joint acting city manager and executive director of the Royse City Community Development Corporation, told CDC board members on July 24. “The issue we have with eminent domain is the length of time it takes to get it done.”

Eminent domain proceedings could take four to six months, he said.

When a subdivision of the state — in this case the Texas Department of Transportation — is unable to agree with a property owner on the purchase price, the condemning entity may begin a condemnation proceeding by filing a petition in the proper court.

The eminent domain delay could have a critical impact on the project’s progress.

Lott said the construction contact was awarded on March 15. There was a “built-in” delay of six months to give the state time to acquire right of way and relocate utilities. The six-month delay expires Sept. 15.

“Still haven’t got all the right- of-way squared away,” Lott said. “Chances we won’t have it squared away by September. Can’t move the utilities until the right-of-way is acquired. Got that domino affect that’s got to happen.”

If the current obstacles haven’t been cleared by Sept. 15, Lott said, the state may have to renegotiate the contract or extend it if the construction company is willing.

“It’s totally out of our hands at this point,” Lott added. “It’s TxDOT negotiating with the individual property owners.”

One tract of land is on the south side of the interstate and the other is on the north side.

The land on the south side is an access issue, not a price issue. The conflict involves where the state proposes to make a curb cut for access to the property.

Initially, there were two curb cut issues. One was settled, but one remains.

The second piece of property involved in the curb cut issue “is owned by a local person here (who) has decided that where TxDOT wants to make that curb cut is not where he wants the curb cut, so now we’ve moved backward on that piece of property.”

Lott said the state wants to make the curb cut adjacent to Anita Scott Elementary School. The property owner, Lott said, wants the curb cut to be in the middle of the block.

“He (the property owner) indicated to me that he’s willing for it to go to condemnation if that’s what it takes,” Lott said.

The issue with the nine-acre piece of property on the north side is price. The property owner believes the price offered by the state “is way too small an amount and they’re holding out.”

A board member asked Lott if the property owner was aware of the construction delay that could result because of the issue.

“They are, and these are property owners who are wanting to get their money out of it,” he added.

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