Morgan County will use eminent domain to correct Bottom Road curve
After failing to negotiate with a land owner, Morgan County will use eminent domain to correct a long-running traffic concern on Bottom Road.
For years, a section of the road has had a sharp 90-degree turn. The curve is extremely narrow, only allowing for one vehicle at a time to navigate it. Ownership of land next to the curve and the curve itself have been a subject of contention between the county and the owner of the adjacent property, Stephen P. Cohen. The property is located at 6221 Bottom Road.
According to the resolution passed Monday morning by the Morgan County Commissioners, the county will use eminent domain to condemn the land next to the road. Cohen reportedly rejected all attempts by the county to correct the problem.
The resolution alleges "Cohen had frustrated the efforts of the Morgan County Highway Department to make improvements to the roadway, has refused to discuss the same, and at times has attempted to engage employees of the Highway Department in verbal altercations."
It says Cohen "has refused to acknowledge the right of way along the edge of his property and the roadway, and has taken such actions as filling in the drainage ditch that runs along the roadway and placing a barrier at the ninety degrees that is nearly on the actual roadway itself."
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County officials tried earlier this year to come to terms with Cohen but were unsuccessful. They had the property appraised and made a purchase offer on July 29. According to the county, Cohen did not reply to their offer or make a counter offer.
The commissioners felt this was the last resort to correct the problem. Any lawsuit involving condemning property is usually filed in Morgan County Circuit Court. Judge Matthew Hanson has the option of hearing the matter or sending it to another court.
A couple of residents who live nearby were concerned about possible drainage issues when the road is fixed. The commissioners told them those problems would be corrected.
The next scheduled commissioner meeting is Monday Oct. 3 at 9:30 a.m. at the county administration building.
This article originally appeared on The Reporter Times: Morgan County plans to condemn property on Bottom Road
