Eminent Domain: Delaware County South Old State Road project

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Delaware County’s plans to improve South Old State Road are progressing. Eminent domain may be used to acquire rights-of-way for the highway construction project.

The southern Delaware County region is one of the most rapidly growing communities in Ohio. In addition, the Columbus metropolitan area has expanded northward, with expansion expected to continue into the future. South Old State Road (County Road 10) is a north-south collector road linking U.S. Route 36 to the north with Polaris Parkway to the south. The last ten years has seen traffic on South Old State Road increase by nearly two-fold. There has been significant growth in residential and commercial areas along the road. The increased traffic has resulted in serious safety concerns, especially in the area between Polaris Parkway to Orange Road. Between 2006 and 2009, nearly 300 motor vehicle crashes were recorded. The crash rate for this area is more than 250% of the statewide average for similar roads.

The South Old State Road improvements will include construction of an additional lane in each direction on Old State Road from Wynstone Drive – just south of Polaris Parkway – to Abbey Knoll Drive, which is just north of Orange Road. Additional turn lanes will also be constructed at Polaris Parkway and Orange Road. The project will also provide a shared use path and sidewalks for bicycles and pedestrians.

Construction is expected to begin in 2016 and is anticipated to take two years to complete. Acquisition of necessary rights-of-way is scheduled for the summer of 2014. The estimated cost of the project is $17.2 million, which includes an estimated $2.5 million for purchase of rights-of-way. The Mid-Ohio Regional Planning Commission will provide $12.7 million toward the construction costs.

If you are a property owner of land on Old State Road between Wynstone Drive and Abbey Knoll Drive, you may be asked to sell a portion of your property. Property owners are entitled to receive fair and adequate compensation. The Columbus Ohio eminent domain attorneys at Clark, Perdue & List can help property owners receive fair compensation.