TDOT Uses Eminent Domain To Force Homeowners To Give Up Property

Image Credit: kingsporttn.gov

According to a pair of Kingsport homeowners, a TDOT road widening project could force them to lose around half of their property.

The Tennessee Department of Transportation is planning a two-phase widening of Memorial Drive/State Route 126 from Center Street to the east of Cooks Valley Road.

WIJHL reports that Scott Place and Garrett Hardy are next door neighbors who found out last month that the widening plan includes the possibility of the use of eminent domain to obtain the right of way needed for the widening. They just purchased the Kingsport properties last year.

The current plan is to add three lanes, a shoulder/bike lane, curbs and raised utility strips to the stretch of Memorial Drive that runs by their homes.

Hardy said he was shocked to find out that the right of way would require almost half of his acreage with TDOT taking 1.5 acres of his 3.7-acre lot. 

“I knew they were only putting in shoulders, so I was not too worried about it,” Hardy said. “I just found out how much they were taking when the surveyors came out and put stakes in.”

Place will lose over half of his lot, losing a little more than a half-acre of land. 

The use of eminent domain will remove most of the hardwood forest that drew the families to the area in the first place.

“We have a family of deer come through, and we just love watching them come through,” Place said. “We feel like we’re in the forest, but we’re also very close to everything.”

According to Place, his home was initially also at risk because the home’s septic tank is located under what will become the property of the state; now it is just his backyard. 

“Our hearts just sank,” Place said. “My wife just, her eyes must’ve been as big as saucers. It was not something we expected in a million years.”

Place did not accept the news lightly; instead he worked for a solution.

TDOT will install a new sewer line as part of the road improvements at their own cost. The forest will still not be saved, however.

“I think we’ll get to keep the house, but the other problem we run into is the right of way goes about 33 feet from the back of the house,” Place said. “So, we lose all this.”

Place, along with others, is frustrated that TDOT did not put more effort into their planning. 

“If they would’ve done a little bit more research, they would’ve found out that they could connect us to sewer, and there was no need to threaten us with tearing down the house,” Place said.

The Tennessee Department of Transportation told News Channel 11 that they are working with local utilities to “determine options that are available to people with impacted septic locations.” 

The representative also said that TDOT “will not force a relocation if septic or sewer hookups will be reasonably available.”

Hardy is pursuing solutions as well.

Hardy said that a roadside retaining wall will be installed on the edge both properties. He suggested that the wall be extended to his and Place’s properties, but was met with resistance from TDOT. 

“They won’t give me a good reason except maybe cost,” Hardy said. “Although, I haven’t seen any kind of cost analysis. You know how much it’s going to cost to cut down these trees and remove all the stumps to grate the land, and they just have relatively blown me off, honestly.”

Both men say they have tried to talk to TDOT, city aldermen, and attorneys but have not gotten much response.

“I understand the need to expand roads,” Hardy said. “I understand that Memorial is a heavily used road. I understand the need. I’m not arguing with infrastructure projects. What I am arguing is give the property owners some attention. Take into account their requests.”

TDOT also released a statement saying, “The State strives to settle all acquisitions of property through fair negotiations and equitable procedures established by law. When an agreement cannot be reached between a property owner and the state for sale of property, right of way will be acquired through Eminent Domain Proceedings.”

According to TDOT, the phase of road construction that will impact Place and Hardy is set to receive funding in fiscal year 2025.