Traffic light heightens tensions between city, Lot One owners
For the second time this fall, a 14-square-foot chunk of land is the center of a dispute between its owners and the Lexington City Council.
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| In 1994, George and Elizabeth Neofotis gave the city an easement, or the right, to beautify a 14-square-foot strip of their lot. Since then, the city has added a plaque, a short wall, and shubbery. (JESS RAMOS/ Rockbridge Report) |
The latest flap is over a signal on a small easement at the corner of Nelson and Main streets and its corresponding controller, which regulates all of the traffic signals in downtown Lexington. The legality of the signal is being challenged by George and Elizabeth Neofotis.
They own the land at the corner, known as Lot One, and granted the easement to the city – but for another purpose.
Lot One first gained attention when CornerStone Bank proposed building on the corner lot but encountered resistance because of the easement, which now holds a historic plaque. The bank withdrew its proposal to modify the easement two weeks ago.
The Neofotises supported the bank, which planned to extend its planned branch onto the lot. But the city invoked its rights on the easement, halting development.
Modification of the easement requires a supermajority of Council, which means support from five of the six council members. Because of a conflict of interest, Councilman Frank Friedman recused himself from the vote. Councilwoman Mimi Elrod refused to modify the easement, reducing the chance of the corner’s development.
In a letter to City Council dated Sept. 10 the Neofotises protested the city’s decision about CornerStone Bank. It was also the first time they spoke out against the signal and controller. They also said they want to terminate their easement.
The Neofotises granted the easement to the city in 1994 for aesthetic purposes. But because trucks turning onto Main Street from Nelson sometimes hit the traffic signal or controller, the city moved the signal into the easement in 2000 and in 2004 added the controller. According to David Woody, Lexington’s public works director, the city moved the signal and controller without realizing the move would violate the terms of the easement.
Legally, the city cannot place the signal and controller in the easement, as that decision violates the terms. The original easement allowed the city only to beautify the lot, not to install traffic equipment.
“Technically, that’s not a provision of the easement,” said City Manager Jon Ellestad. “It’s not allowed.”
But Ellestad does not want to move the signal and controller.
“It’s very much needed in that spot,” he said.
Instead, he recommended the city retain the signal and controller and condemn the easement’s 14-square- foot strip. Condemnation allows governments to acquire land from private owners for public purposes. Nevertheless, the city cannot seize land without fairly compensating the property owners.
“I don’t see how 14 square feet which is on an existing legal easement…could be of any tremendous value,” said Ellestad.
At $20 per square foot, compensation for the disputed easement would be worth about $280. Ellestad said the value is probably lower since the land under the easement cannot be developed. The total value of Lot One, which is 8,961 square feet, was set at $179,200 by a general reassessment for property tax effective July 1, 2006.
At the Lexington City Council meeting Sept. 18, council members made it clear they do not want to condemn the property. The cost for the attorneys to argue over the compensation in court would cost more than the compensation itself.
Attorneys on both sides are negotiating options besides condemnation. Ellestad said it would be best if the city offered money for the land instead of going to court.
The Neofotises and their attorney declined to comment.
Ellestad expects the traffic signal and controller dispute to be resolved soon.
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The easement at the corner of Nelson and Main streets is once again the center of controversy between the property owners and City Council. The dispute is over a traffic signal on the easement. City Manager Jon Ellestad does not want to move the signal. (JESS RAMOS/ Rockbridge Report) |
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