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Saturday, Mar. 21, 2009

Store owners appeal I-75 at Riverside plan

The Georgia Department of Transportation’s plan to overhaul Interstate 75 along Riverside Drive has drawn some public opposition, and it faces at least one legal challenge as well.

Most of the protest has centered on the impact around Lee Road, where Riverside will be widened to accommodate new on- and off-ramps. That area is also the focus of an ongoing court battle concerning the project.

Southeastern Village Market and Mini-Food Stores, the owners of convenience store property at Lee and Riverside, are appealing a condemnation action by the DOT. In December, according to court documents, the state agency deposited a total of $69,700 with the clerk of Bibb Superior Court to compensate five defendants for easement rights around the intersection.

In an appeal, Southeastern Village Market and Mini-Foods say that amount is not enough. The appeal asks for “just and adequate compensation including ... business damages.”

“It’s going to be hard to see what the issues are until we know just what (the DOT’s) plans are,” said Charles Pursley Jr., an Atlanta attorney representing the companies.

The DOT declined to comment, citing ongoing litigation.

The project will reconstruct I-75 from south of Pierce Avenue to north of Arkwright Road.

Work will include widening the interstate to six lanes, widening and rebuilding several bridges, and closing and relocating the southbound entrance and exit near Pierce Avenue.

The new ramps will hook up with Riverside across from the River Street Corners shopping center.

The construction is expected to take about three years. DOT officials have declined to put a price tag on the work before the project is let to avoid influencing bids. However, the project is on the DOT’s list of qualified projects for federal economic stimulus funding, with construction costs estimated at $89.5 million.

The state has almost $2.5 billion in projects eligible for the $923 million available in stimulus funding.

The state transportation board Thursday approved a “phase one” list of 135 proposed projects totaling $512 million. The I-75 at Riverside project was not on the list.

According to the DOT’s Web site, the agency has until February 2010 to obligate its “phase two” projects. Pursley said the condemnation case is expected to carry over into next year.

The project’s design shows the store property at Lee and Riverside stands to lose one of its two driveways at Riverside because of new curbing.

The store could lose additional access should the DOT revert to its original plan of restricting left turns in and out of Lee Road.

Earlier this week, DOT officials announced that because of objections raised by residents and business owners, they were changing the design to remove a raised concrete triangle that had been planned at Lee.

The officials also said, however, that the left-turn restrictions could be added later if the intersection becomes a safety “concern.”

A scheduling hearing on the case was held earlier this week, but no court dates were set, Pursley said.

“We were just trying to get all the times worked out and find out what the DOT’s plans are ... may be ... could be,” he said.

Project designs and court documents show the state is claiming property for sloping work that infringes on the awning that covers the store’s gas pumps. The DOT has said the project will not affect the store’s underground fuel tanks, but Pursley said he is not convinced.

“That’s one thing we’re looking at,” he said. “We’re going to get our own engineering analysis.”

Pursley said the construction and redesign will hinder access by customers as well as delivery trucks.

The condemnation action filed by the state also names H. Lee Johnson, Security Bank and Bibb County Tax Commissioner Tommy Tedders as defendants and “condemnees.”

The DOT has said the work will involve “minimal impact” to business properties along Riverside Drive, aside from a Wendy’s restaurant that will close April 30. The restaurant is across from the new on- and off-ramps, where Riverside will be widened to add new turn lanes.

The project is at least six to eight months away from being put out for bids, state officials said.

To contact writer Rodney Manley, call 744-4623.