State of DelawareMarch 12, 2009
Department of Transportation
250 Bear – Christiana Road
Bear, DE19701
Steven G. Turley - Real Estate Representative, Planning
RE: State Project No. 25-113-01 … F.A.P. No. NH-2006(18)… New CastleCounty
US 301, MarylandState Line to SR1
Tax Map No. 13-017.00-084
Property of Wurzburg, Richard F. & Grace C. & Robert A.
We are in receipt of your letter dated March 3, 2009.
We accept DelDOT’s offer to have a new appraisal commissioned and representation at the meeting to develop the Statement of Work (SOW) for Fair Market Value / Sales Approach as well as the inclusion of a SOW for Cost Approach to establish the Opinion of Value. We have chosen Charles Brown, Brown Appraisal Company from the approved list of Appraisers submitted by DelDOT. We are available to meet with DelDOT and Charles Brown Associates on either March 27, 2009 or April 3, 2009 after 1:00PM.
Please forward the Date, Time and Place of the meeting to develop the Appraisal SOW.
Although there is not a true material change from the McCambridge Appraisal which would warrant a new appraisal, the flawed appraisal should have included, but not limited to, the effect to valuation ofthe Guest House, Minor Subdivision for Suburban Zone and Highest Value/Best Use as we communicated in numerous letters to DelDOT.
We, therefore, are in agreement a new appraisal is required to meet the guideline noted below:
49C.F.R. Part 24 Subpart B – Real Property Acquisition
§ 24.102 Basic acquisition policies.
(g) Updating offer of just compensation.
If the information presented by the owner, or a material change in the character or condition of the property, indicates the need for new appraisal information, or if a significant delay has occurred since the time of the appraisal(s) of the property, the Agency shall have the appraisal(s) updated or obtain a new appraisal(s). If the latest appraisal information indicates that a change in the purchase offer is warranted, the Agency shall promptly reestablish just compensation and offer that amount to the owner in writing.
This agreement has in no way changed our position of confidence concerning DelDOT and the Acquisition Process as memorialized in previous communications.
We will continue to be engaged in planned actions designed to rectify numerous issues considered necessary in stabilizing the quality of life and financial futurefor my Mother and Brother.
We look forward to moving the process along to an acceptable conclusion.
Regards,
Robert A. Wurzburg
For Grace C. and Richard F. Wurzburg
Cc: Carolann Wicks
Ralph A. Reeb
Wayne Rizzo
Thomas Nickel
Dick Cathcart
Bethany Hall-Long
Eric Savage
Donald Schwartz