County may go to eminent domain for road project

The Jackson County Commission voted Tuesday to begin the process of invoking eminent domain, in order to get the right-of-way deeds the county needs to proceed with paving Sylvania Plantation Road as it is designed.
About nine property owners on that stretch of road have either been unresponsive or refused to sign the easement to allow the county to pave the road.
Commissioner Kenny Stephens serves the district where the road is located. He has been working with the property owners toward a conclusion of the matter. He asked the commission Tuesday to let him try again before it moves forward on the eminent domain process.
The county has rarely used its eminent domain powers, and commissioners reluctant to do so gave Stephens some talking points to use in his discussions with the property owners.
For instance, they pointed out that Stephens should stress again that the property owners who sign over the deeds will get more than the worth of their property after the county’s improvements are put in place.
Some property owners want to be paid for the strip of property involved, which is worth about $300 in each case. The county doesn’t plan to do that, but would have to if it invokes eminent domain.
As it has done in other cases, the county instead will construct new driveways, culverts and paved aprons leading into the various properties for those who cooperate. They estimate the value of that work at approximately $2,500. If the county has to take the parcels by eminent domain, it does not plan to provide those improvements.
The county has already told the the property owners that, and at least one of the hold-outs was at first willing to sign , but later backed out. The owner in question controls four family-owned properties which lie next to each other.
The county had agreed to establish two driveways to serve the four properties. The man decided not to sign, saying he wanted four driveways instead of two shared ones across the 400 feet of frontage.
Commissioners also talked about possibly amending their design so construction crews could simply curb and gutter the areas where right of way could not be obtained for widening. The commission made no decision on that option.
The county will have to make a decision soon; land-clearing along the road was supposed to begin Tuesday, but work was delayed because of the weather.
The eminent domain process requires public notice and the adoption of a resolution, steps which take some time.
The county was advised it could embark on a “quick take” procedure, but commissioners did not discuss that at any length.