COVER STORY to the west,’” Johnson said to Emerson at the council meeting. Emerson said later he believes the situation then deteriorated into an old-fashioned pissing contest, with taxpayers footing the bill for a bridge built out of spite. “I think that was the original plan and when American Roads called their bluff, then it turned it into a matter of ego, and you’ve got ALDOT and the city of Gulf Shores playing ego games with $200 million of our dollars,” Emerson said. The throwing about of those numbers led to Emerson being chastised by Kennon and Johnson, who said Emerson was lumping together the two Canal Road projects paid for partially with Restore Act money. The combination of those three projects would total about $140 million, Kennon said. The latest cost of the roadway and bridge project now under fire was put at $87 million by Cooper during his testimony at the condemnation hearing. Using the condemnation challenge as its weapon, the Baldwin County Bridge Co. has issued a challenge to the entire project, saying not only is it unnecessary but it goes against previous agreements with the state — including the previously mentioned traffic threshold of 6 million vehicles to trigger another bridge. As for the condemnation of land owned by the bridge company and subsequent state offer of less than $10,000, the lawsuit claims it is grossly undervalued. According to the filing, “ALDOT’s offer of $9,750 is woefully inadequate because it does not take into account the difference to the fair market value of BCBC’s remaining property — which includes the BEX Bridge and tolls derived from them — before and after the taking.” ALDOT attorney Jason Hagmaier said in his opening statement that the matter is a simple decision for the courts, and that Baldwin County Bridge Co. is clouding the waters with claims made against the project. “The only issue for Your Honor to review is whether or not the state has the authority under the power of eminent domain to acquire this piece of property,” Hagmaier said. “There’s going to be a lot of issues I think they’re going to try to raise. However, again, none of those issues really touch on the authority of the state or the lack of authority of the state to acquire this particular piece of property.” Haas said the issue is much more important than a simple land acquisition and that ALDOT is ignoring the public’s interest. “This matter has significant repercussions, not only with respect to the Baldwin County Bridge Co., but the citizens of the state,” Haas said. “And the constitution of the state protects its citizens by demanding that any state sanction taking of their property must be in the public interest and not pursuant to an arbitrary or capricious decision-making process. And for that reason, the taking at issue here fails, Your Honor, because in our view, it’s a falsity based upon a farce. The falsity, Your Honor, is ALDOT’s assertion that it’s in the public interest.” Both sides were scheduled to present final briefs May 9 to make their case with Judge James Reid, who will eventually rule in the case. No timetable was given for when Reid will hand down his ruling. So far 14 properties have been condemned along the route for the road, ALDOT’S Aaron told Lagniappe. Three of those have already signed or come to a purchase agreement. Besides the Baldwin County Bridge Co., to date only one other property owner has
contested the state’s offer on their property. Anthony and Patricia Diliberto are pursuing legal action, according to court records. Neither the Dilibertos nor the state are willing to talk about the legal action while it is pending. Property tax records indicate the project’s first phase will cross land owned by the city of Gulf Shores, Turf Properties, Doyce and Shirley Ellenburg and Anthony and Patricia Diliberto. According to records maintained by the Alabama Secretary of State, Turf Properties is owned in part by Gulf Shores Mayor Robert Craft. Additional property owners who could be impacted by the project include Edwin G. Cowdin, Orlanda B. Clark-Perrault, Richard E. Nolte Jr. and Olivia Reagan Coates. Farther south, the road would travel along the existing Waterplant Road — adjacent to property registered to the family of former Gov. George C. Wallace — and through undeveloped canal-front parcels owned by Charlotte, North Carolina-based Coastal Resort Properties. The route crosses the canal, where the bridge’s south end — depending on its design — may cross over Canal Road before connecting on land owned by Laura Rogers Almaroad.
Wolf Bay Bridge
One project Emerson and his group fully support is Orange Beach’s initiative to build a bridge over Wolf Bay from Canal Road on the south to Sapling Point on the north. “I really commend what the city has done here with the Wolf Bay project,” Emerson said. “You guys putting on that 2 percent tax on lodging is awesome. It makes the tourists that create the traffic problems pay for the solution.” The additional tax went into effect May 1, upping the rate to 13 percent total with Orange Beach pocketing 7 percent of the total. The northern landing would be on land owned by David Lawrenz and George Barber of Barber Marina and the Barber Dairy Co.. Private roads on the marina property would be used to take traffic to County Road 95, County Road 20 and to U.S. Route 98. Kennon said he is on a mission to get this project fast-tracked and is working with the state to solve an issue at the State Route 161/ Canal Road interchange near the iconic Doc’s Seafood Shack restaurant. Restore Act money is helping fund a second eastbound lane on Canal Road from the Orange Beach Sportsplex to State Route 161 to complete the five-laning of the roadway; completion is expected in 2020. Part of that project includes the new design of the bridge intersection, which currently does not take the bridge into consideration. “This is a very efficient intersection without the bridge,” Kennon said. “... it wouldn’t be as efficient if they designed it with the bridge. What we’re trying to do before we get too far along is show them the bridge is an inevitability.” Kennon said he hopes the state will see the city is committed to building the bridge and work with them on the redesign of the intersection. Orange Beach is fast-tracking more than $3 million on engineering, design, surveying and permitting to assure ALDOT a bridge is coming. “We’re meeting with ALDOT this week to let them know we are dead serious about making this bridge happen, and can we redesign that intersection to accommodate the bridge and make it more efficient,” Kennon said. “That’s why we’re pushing this.” M a y 9 , 2 0 1 8 - M a y 1 5 , 2 0 1 8 | L AG N I A P P E | 25