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November 3, 2008
NOTICE OF CLAIM
RE: Case File No: 04CV33093-JFL004 Case File No: 04CV35278-JFL004 GDOT Project #: STP-017-3(45)
This notice of claim is to inform of my intentions to bring suit against the Georgia Department of Transportation (GDOT) for taking and destroying more property than was necessary. I base my claim on the testimony of a GDOT engineer who admitted to GDOT omissions during Project #: STP-017-3(45) during the trials of the above mentioned court cases. The time of the first court case trial, mentioned above, took place on November 5th, 2007, and the time of the second court case trial, mentioned above, took place on November 6th and 7th, 2007. Both court case trials took place in the Superior Court of Floyd County in the State of Georgia in the City of Rome at 3 Government Plaza in front of the honorable Tambra Colston.
The GDOT engineer admitted to GDOT omissions during Project #: STP-017-3(45) in the above mentioned court case trials. The GDOT engineer admitted that the GDOT took more property than was needed, that there was no purpose for the extra property taken, and that the extra property will lay unused after their bulldozers, trackhos and dump trucks cleared it of all vegetation and topographic features, and that the reason for taking too much property is because of a lack of communication within the GDOT.
The place where the property was needlessly destroyed due to the above mentioned acts are located at 1201 DeSoto Ave and 1203 DeSoto Ave, Rome, Georgia. The above mentioned acts also came to the above mentioned result at 1202 DeSoto Ave, Rome, Georgia.
The nature of loss suffered is forthwith described. The nature of loss suffered has been both physical and mental.
The nature of the physical loss suffered is forthwith described on two levels: the first physical loss suffered is on a property owner level and the second physical loss suffered is on a community-at large level. The extra property the GDOT took and made devoid of all vegetation and topographic features has been owned and occupied by the Fowler family for over 50 years and three generations. When the GDOT indiscriminately and needlessly took the portion of the Fowler family’s property, cleared the trees and underbrush, then blasted, bulldozed and removed the rock and dirt it destroyed many features of the property that were physically beneficial to the family. Physical benefits of the property to the family were, and are not limited to:
§ The use of the land. The Fowler family has been needlessly denied the use of the property.
§ The property provided a valuable buffer zone that included hardwood trees and underbrush that protected the family from noise caused by the train as well as noise caused by traffic, commercial businesses and construction on John Davenport Dr. and Hwy27/Martha Berry Blvd.
§ The property provided a valuable buffer zone that included hardwood trees and underbrush that protected the family from ruffian pedestrian traffic that travels the railroad tracks.
§ The property provided a valuable buffer zone that included hardwood trees and underbrush which created an environment that provided the family the quiet enjoyment of their whole property.
On a community-at large level the physical loss suffered is forthwith described. Because of its location, the Fowler family property is historically significant in the realms of North American indigenous peoples, the Spanish Exploration of the Southeast and the historical development of the City of Rome. A large portion of the Fowler property has been determined eligible for the National Register of Historic Places on a local level of significance as this portion was used and retains the features of a Civil War fort. When the GDOT indiscriminately and needlessly took the portion of the Fowler family’s property, cleared the trees and underbrush, then blasted, bulldozed and removed the rock and dirt it destroyed many features of the property that were physically beneficial to the community-at large and its body of knowledge. In their needless removal of this portion of the Fowler family’s property, the GDOT blasted, bulldozed and removed a vital portion of the fort. This has made it impossible for the community-at large to learn from this portion of the historic property and its archeology. Also, the GDOT have left a tall cliff that makes it completely unsafe for the community-at large to come to and view and learn from the remaining portion of the property.
The nature of the mental loss suffered is forthwith described. My and my family’s mental and emotional healths are also part of the nature of loss suffered. Since 2001 we have been forced to dedicate the majority of our time, expenses and mental capabilities on correcting the GDOT on their right-of-way and Section 106 mistakes. If we had not been ignored by the GDOT our efforts and information would have prevented the GDOT from causing the irreversible damage they now have caused. Starting in May of 2007 we were forced to watch the GDOT destroy the property in which we fought for so long to prevent its needless destruction. Our mental and emotional health suffered even more as our daily lives were disrupted by the construction proceedings which included and was not limited to very loud and intrusive blasting, jack hammering and bulldozing.
The amount of loss claimed is forthwith described. The amount of loss cannot be determined at this time. A hereditarily and historically valuable piece of property has been needlessly taken from me and destroyed by my own government. I have suffered over seven years of mental and emotional distress and anguish because I feel the tremendously heavy weight of responsibility to preserve this historically significant property for the community-at large. I have suffered over seven years of mental and emotional distress and anguish as over the past seven years the majority of my time, mental capabilities and expenses have been spent on trying to prevent the GDOT from causing the irreversible damage and loss that they have caused to this date. Not to mention the fact that the mental and emotional distress and anguish I have suffered because all of this has been caused by my own government and could have been prevented if the GDOT’s lines of communication weren’t so insufficient and if they would have just listened to its citizens. The amount of loss claimed cannot be determined at this time.
I intend to bring suit against the GDOT if this cannot be rectified within the allotted amount of time specified in Article 2 of the State Tort Claims, O.C.G.A. 50-21-26 (2007).
David M. Fowler, Jr. 1202 Desoto Ave Rome, GA 30165 (706) 234-0537
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