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3 <br />NCDOT proposed Arthur Minnis Road (from SR 1102, Dodson's Crossroads, to <br />SR 1113, Rocky Ridge Road, - a distance of 1.6 miles) to be paved as the first road to <br />be paved in the 1997 -1998 Secondary Road Improvement Program for Orange <br />County. Arthur Minnis was rated at that time as priority 9RW indicating that there were <br />right-of-way problems. <br />NCDOT, in 1997, listed Arthur Minnis Road among 18 roads with unavailable right-of- <br />way, and removed the road from the rated list of unpaved roads in the Secondary Road <br />Improvement Program. <br />NCDOT again proposed to pave Arthur Minnis Road in the 2001 -2002 Secondary <br />Road Improvement Program for Orange County. NCDOT was unable to obtain right-of- <br />way from all property owners fronting Arthur Minnis Road, and proposed to pave a 0.2- <br />mile segment, from Rocky Ridge Road westward approximately 800 feet, for which <br />NCDOT had attained right-of-way. <br />NCDOT, in November 2002, approved a right-of-way encroachment agreement to the <br />developers of Tuscany Ridge Subdivision to construct a 20' wide two lane paved <br />roadway within the existing right-of-way of Arthur Minnis Road from the intersection of <br />Rocky Ridge Road westward approximately 0.2-mile. <br />Legislative Changes <br />The NC General Assembly, in December 2002 (Session 2001), amended G.S. 136-44.7 <br />Secondary roads; annual work program to add a new subsection (c) to allow NCDOT to <br />initiate condemnation proceedings to attain right-of-way in order to pave a secondary <br />road or undertake a maintenance project when at least 75% of the property owners <br />adjacent to the project and owners of 75% of the road frontage adjacent to the project <br />have dedicated the necessary property for the right-of-way, and have provided funds <br />required to cover the costs of condemning the remaining property. The provision <br />requires NCDOT to negotiate for up to six months with property owners to attain <br />dedication of right-of-way prior to initiating condemnation proceedings. <br />The NC General Assembly, in June 2002 (Session 2001), amended G.S. 136-44.7(c) to <br />change the conditions under which NCDOT can initiate condemnation proceedings to <br />"when at least seventy-five percent (75%) of the property owners adjacent to the project <br />and owners of the majority of the road frontage adjacent to the project have dedicated <br />the necessary property for the right-of-way and have provided funds required" to cover <br />the costs of condemning the remaining property. <br />Implications for Arthur Minnis Road <br />Seventy percent (70%) of property owners having sixty-six percent (66%) of the road <br />frontage on the unpaved portion of Arthur Minnis Road have dedicated right-of-way. <br />One more property owner will have to dedicate right-of-way in order for NCDOT to <br />initiate condemnation proceedings to attain the remaining right-of-way in order to pave