In a letter sent to affected homeowners of the proposed Wiscasset bypass, attorney Michael Lane of Augusta has warned residents of an impending “takeover” of their property by the Maine Dept. of Transportation (DOE).
The letter outlines a scenario involving drawn out negotiations, worthless property, and the eventual seizure of land through eminent domain.
“It’s really an effort to make sure people’s rights are recognized ahead of the bypass. There are laws out there that they need to be aware of,” said Lane in an interview with The Lincoln County News.
Coincidentally one such law is L.D. 767, a statute that Lane and his law firm, Preti, Flaherty and Beliveau, were instrumental in passing in May of 2009.
The law, an amendment of an existing rule, requires the MDOT to acquire property based on fair market value and gives them the right to begin the process within two years of a determination by the Army Corps of Engineers of the least environmentally damaging solution which, in the case of Wiscasset, has already been made.
According to the amendment, if funding for the new highway bypass project is not available, the department may extend the time period for acquisition of the affected properties for an additional two years.
In sending the letter, Lane hopes to both educate affected property owners on their rights and be on the forefront of what is expected to be a lengthy and potentially lucrative process.
The proposed bypass is a four stage, $100 million project that will affect over 80 properties and result in the construction of the state’s second longest bridge.
Long a polarizing issue in the Midcoast, the project is designed to ease traffic congestion in the busy summer months and provide a long-term transportation alternative for year round residents.
Route One Alternative Decisions (R.O.A.D), a group dedicated to improving the existing infrastructure without a bypass, has long argued that the disruption in personal property combined with an estimated loss of $300,000 in tax revenue is not worth the state’s investment.
“There are a number of reasonable alternatives to a $100 million project. The letter by attorney Lane only underscores how close we are to seeing this happen,” said R.O.A.D member Morrison Bonpasse.
The group has also argued that the bypass violates the Sensible Transportation Policy Act, a citizen initiated bill passed in 1991 to incorporate public participation into statewide transportation planning decisions.
R.O.A.D asserts that an alternative plan was never comprehensively examined and is thus in violation of the Policy Act.
DOT responded to the group’s allegations in a Nov. 9 letter by stating it had evaluated several non-bypass alternatives but chose a route that would not adversely affect the historic and cultural aspects of the town.
The proposal has come under scrutiny from the Wiscasset Transportation Committee who sought, under the Freedom of Information Act, a complete review of all documents related to the Army Corps of Engineers’ final decision.
“Unless the state does an about-face and balks at the price tag, this is the decision and route we’re working with,” Bonpasse said.
According to Toni Kemmerle, Chief Counsel for DOT, property owners are free to contact the state with any issues or concerns regarding potential acquisitions.
“We can answer any questions they may have,” she said.
Currently the bypass proposal is in mitigation and will be wrapping up sometime in March, said Gerry Audiburt, study manager for DOT.
Until then affected property owners may be left with more questions than answers as the bypass inches closer to actualization.
