Eminent domain is used when negotiations have taken place for over 90 days and the title has certain defects that will not allow the city to acquire clean title to the required rights of way unless a condemnation action occurs, according to the city’s website. The city purchased the right of way for parcels at 6360 Roswell Road, a BP station and 6420 Roswell Road, Flashers, an adult entertainment club.
“The next two projects are related to project T-12, which is the streetscape project located between Sandy Springs Circle and Roswell Road,” said Cecil McLendon, assistant city attorney. “There were 26 parcels of which we had to acquire some right of way so we could expand the sidewalk area and put in some of our streetscape. We were able to negotiate an arm’s length transaction of 24 of the owners, but there are two left.”
The 6360 Roswell Road property is consisted of 1,083.42 square feet of fee simple right of way, the land the city will own, and 906.12 square feet of permanent easement.
McLendon said the property was valued at $71,850 by an appraiser. The city will be reimbursed 80 percent of that money when the project is completed via the reimbursable contract the city has with the Georgia Department of Transportation, according to Garrin Coleman, public works director.
The property located at 6420 Roswell Road is 367.97 square feet of fee simple right of way and 712 square feet of a permanent easement. It was valued at $30,200.
“Here we are, we’re going to be spending a lot of money to improve private property owners’ outlook on Roswell Road, and they’re making us pay through the nose and go through eminent domain,” said Mayor Eva Galambos.