MORGANTOWN — A Mileground property owner is asking a judge to compel the West Virginia Department of Transportation to complete eminent domain proceedings pursuant to the DOH’s Mileground widening project.
In a Jan. 14 filing in Monongalia County Circuit Court, SBS Properties, LLC, contends the DOH has acted in bad faith by not taking its property as it indicated in April 2018, failing to provide notice of the actual date the property would be needed and acting contrary to the Federal Relocation Act by not providing relocation assistance.
The property in question, 1758 Mileground Road (Route 119), consists of two parcels upon which American Homes, a retail business selling mobile and modular homes is located, as well as a rental property.
The suit, filed by Robert Bays, of Bowles Rice, claims SBS Properties was notified that the DOH intended to condemn the properties to make room for the widening of Mileground road.
The filing also notes that statements of compensation were provided by the DOH offering $597,400 for one of the parcels and $73,500 for the other in June and July of 2017, respectively.
A subsequent letter from the DOH in April 2018 indicated the state could proceed as early as July 2018 on the larger parcel and said the property owner would have 30 days to clear it — this despite there being 19 free-standing model homes on the property.
SBS Properties received a further communication from the DOH in March 2019 indicating condemnation was recommended for both parcels the month prior. Again, SBS Properties was told it would have 30 days to clear the property if the DOH sought right-of-entry.
The petitioner has already invested $500,000 in relocating equipment and material according to the court filing, which also claims a third-party vendor estimated it could take a year to clear the model homes and would require large cranes and a number of laborers.
According to the suit, the state “has a duty, under the Federal Relocation Act, to assist in relocating Petitioner’s business,” but has not done so despite the property being under threat of condemnation by the state since 2017.
The suit also claims that both state and federal law indicate the state has an obligation to ensure residences, businesses, farms and non-profits in the right of way “are protected against unnecessary inconvenience and disproportionate injury.”
The lawsuit seeks a Writ of Mandamus compelling the DOH to initiate eminent domain, compensate the petitioner for damages, provide the petitioner with the value of the property in question and honor all rights and remedies put forth under the Federal Relocation Act.
The DOH did not respond to a request for comment in time for this report.
In October, DOH spokesman Brent Walker said 39 of the 48 needed parcels along the Mileground have either been secured or rights of entry have been obtained from the property owners.
