Greene County (City of Springfield area): Proposed east/west arterial road from Campbell Ave. to Farm Road 169 (Kissick Ave)
*UPDATE from Greene County: This project has been incorporated into the OTO’s major thoroughfare plan and earmarked as a future primary arterial. The consultant is currently in the process of evaluating the requirements and scope of work necessary to develop a detailed set of plans, they are not under contract until we accept the scope and fee. This reassessment aims to advance final design plans. However, the County currently has not allocated funds or resources for immediate construction.
Greene County Highway Department has proposed an east/west arterial road from Campbell Ave. to Farm Road 169 (Kissick Avenue), which will be approximately 2.5 miles long. This segment of the east/west arterial links Greene County’s previously-designed east/west arterial segment west of Campbell Avenue with the City of Springfield’s segment under design between Farm Road 159 and US 65.
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When a highway expansion or road development cuts through your property — whether it be a home, a business, a farm or undeveloped land — the value of your property will be affected. You are entitled to compensation for lost land and any impact highway development has on your property value.
When determining the monetary impact on your property, increased noise and traffic, congestion, unsightliness, loss of parking, restricted use, resale value and other issues must be taken into account.
At Denlow & Henry, we understand the unique issues property owners face when highways and roads are expanded or relocated. We are committed to helping our clients protect and maximize their constitutional right to “just compensation.” We have successfully represented clients in actions involving major players in Missouri highway and road construction, including: - The Missouri Highway Commission (MoDOT), - The Kansas Department of Transportation (KDOT) - The Illinois Department of Transportation (IDOT)
So, what happens next?
While the United States and Missouri constitutions allow for the use of eminent domain for this type of project, they also stipulate that landowners must be paid “just compensation” for their property.
The Denlow & Henry law firm has represented thousands of property owners in eminent domain cases in over 56 counties throughout Missouri for more than 35 years.
Denlow & Henry principal Paul Henry, said the firm has seen every kind of condemnation case imaginable, from individual landowners to large corporations and properties ranging from single family residences, retail, industrial and agricultural.
How does eminent domain work?
The legal process used to take property is called condemnation and is controlled by Missouri statutes and court rules, including:
- A written notice to property owners advising them of the taking sent at least 60 days before court proceedings.
- A written offer to the property owner that includes an appraisal or explanation of the offer sent at least 30 days before court proceedings.
- If there is not settlement, a court case is filed in the county where the property is located.
- The court appoints three residents of the county so serve as “commissioners” who will view the property and hold a hearing so that both the agency and the property owners can present evidence of value.
- The commissioners will file a report with the court establishing the amount of payment.
- After the agency pays the amount of the award established by the commissioners, it has the right to take possession of the property being condemned, so work on the project can begin.
- In some cases, there may be a jury trial.
Henry said the primary disagreement in most condemnation cases is about money, but in some cases the more important issue is to get the agency to agree to changes in the project to minimize negative impacts. In cases where a property owner must leave the property, there are relocation issues and expenses that may be reimbursable.
Landowners who receive an notice of taking or an offer from an agency should not sign anything until they have a lawyer review the documents, because there is no way to undo the transaction after an agreement has been reached. In fact, property owners should not speak to a government representative or appraiser about their property before seeking legal advice. In condemnation, property owners receive a one-time payment for all of the impacts to a property that’s being taken or affected by a project. It is vitally important that an attorney with years of experience, knowledge and skills be consulted because there is no second chance after the acquisition is completed.
The attorneys at Denlow & Henry will initially consult with property owners for no charge. This will often include a visit to the property to assess the situation.
What are property owners owed?
Simply stated, a property owner is entitled to “just compensation” which means the fair market value of their proeprty. However, the rules of valuation in the condemnation setting can be complicated. When a project only requires and easement or a portion of a property, there may be damages to the portion that remains. These are called consequential or severance damages. Depending on the circumstances, consequential damages may be significant. While a land value disagreement is usually straight-forward, consequential damages are typically more complicated and may not be as apparent to someone who does not have experience in condemnation cases.
Again, it is important that anyone who receives an eminent domain offer not sign anything until after consulting with a lawyer, because there is no way for an agreement to be undone. There is just one opportunity to be compensated for a taking and property owners should take time to carefully consider what they are owed.
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