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Charleston County staff: Highway 41 project will require hundreds of rights-of-way, not mass property takings
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Summary
County staff told the Finance Committee the Highway 41 improvement will affect about 172 tracts, require fee-simple acquisitions from roughly 95–100 parcels and temporary construction easements on about 100 parcels, with estimated right-of-way costs of about $11.5 million covered by the project budget.
Capital programs manager Alex Oziak told the Finance Committee that the Highway 41 improvement will affect 172 tracts and that the county is not conducting a mass property seizure. “That’s not the case,” Oziak said. “We’re offering fair market value compensation for any property we need to acquire out there as part of the Highway 41 project.”
Oziak said the county expects to acquire fee-simple right of way from roughly 95 to 100 tracts and to acquire temporary construction easements on about 100 tracts; some properties will require both. He said the county has made 109 offers and reached agreements with 24 property owners so far. The project team has identified 32 heir properties where all heirs could not be located; the county expects to seek condemnation for three of those and temporary easements on the remainder.
The county’s current estimate for total right-of-way acquisition costs is about $11,500,000, which Oziak said is covered by the project budget; the county has set aside additional funds to cover potential condemnation and settlement costs. “We currently have more than enough project budget to cover that acquisition cost,” Oziak said.
Councilmember Larry Kombrowski pressed staff on whether any tracts included parts of Laurel Hill Parkway; Oziak said three separate tracts encompass that parkway. Kombrowski said he could not support eminent domain for parcels that go through the park. Oziak also explained the county’s process for unclaimed owner funds: payments are deposited with the clerk of court and continue to accrue interest until heirs petition the court to claim them.
The presentation included a projected schedule: the county is “projecting wrapping up the right of way process in June,” Oziak said. After questions, Chair Joe Boykin moved to adopt the item and the committee approved it by voice vote.
The committee did not provide a roll-call tally; the motion passed by voice vote. Next steps include continued negotiations with affected property owners and, where necessary, court petitions to resolve heirship on specific tracts.
