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Elgin homeowners wait in limbo

By CHANDRA BROADWATER
Published March 22, 2007

SPRING HILL - The more they think about it, the more Barbara and Jay Bogner like the idea of moving away from noisy and hectic Elgin Boulevard traffic.

But several weeks after county commissioners voted to raze the couple's home - and 33 others on the north side of the road to make way for an expansion - the homeowners are still wary of their financial future.

They've lived in their home for 19 years, and almost have it paid off.

"Leaving this road and starting somewhere else makes us feel good, it really does," Jay Bogner said. "It's just that we don't know what the county's going to offer us, when they will do that and how much our taxes will go up when we move."

Since the Feb. 27 decision, the county has been busy working with property owners willing to sell, said Hernando Public Works director Charles Mixson. So far, that includes a handful of homeowners hoping to get the process over with as soon as possible.

Others are still trying to figure out what they want to do. And some, like the Bogners, now have eminent domain attorneys.

"We're offering very reasonable prices and the people should be very happy," Mixson said. "Hopefully, everyone decides to work with us, but if not, we'll have to start condemnation and go forward from there."

The $10-million project runs along a 0.8-mile stretch from Mariner Boulevard east to Lauren Drive and Sand Ridge Boulevard.

Impact and mitigation fees will be used to purchase the Elgin Boulevard property. Although the project has been in planning stages for the past five years, groundwork before the widening is expected to take at least another three.

While commissioners said it was a difficult decision - the case marks the first time Hernando homes could be bulldozed under eminent domain - they said the busy road has become unsafe for motorists and property owners.

Commissioners also promised the Bogners and other homeowners frequent contact and updates from the county as the process continues. Along with current market value for their homes, some people could be compensated for recent improvements made as well.

Barbara Bogner said she received a letter from the county last week clarifying whether she and her husband owned their home or rented.

She said her lawyer has told her it will probably be late summer before they get word on an appraisal.

"We've been out looking at homes, but we're basically in limbo right now," Barbara Bogner said. "There's not much we can do until we know how much the county will offer us."

Chandra Broadwater can be reached at cbroadwater@sptimes.com or 352 848-1432.

Fast Facts:

Protecting property owners

Florida law protects property owners more than most residents realize, according to Assistant County Attorney Kent Weissinger.

The state Constitution goes beyond the federal Constitution by calling for full compensation, not only just compensation, of property owners who face condemnation.

That means the condemning authority - in the Elgin Boulevard case, Hernando County

- must not only pay fair market value to homeowners, but also the property owner's attorney's fees and property appraisal for the owner, in addition to whatever other fees the county may accrue.

Because of this, most cases end up settled out of court. In some cases, homeowners may also get paid more for their homes so that the usually much higher costs of court can be avoided.

[Last modified March 21, 2007, 23:20:06]