By Jennifer Buske
Washington Post Staff Writer
Sunday, December 21, 2008
Entrepreneur Mario Mabudian moved his auto shop from Stafford County to Centreville Road in Manassas five years ago because the location was better for business.
But, he said, that is not the case anymore, as the city moves forward with plans to widen the street -- a process that has not only disrupted business but also caused Mabudian to lose almost two dozen parking spaces in his front lot.
"Business is already bad with the economy, and this is making it worse," said Mabudian, who owns AutoVilla. "What we do is sell cars, and the front is everything you have in this business. I've worked all my life to get a place like this, and losing this much frontage is really going to impact my business."
After almost a decade of discussion, construction on Centreville Road (Route 28) started this month. The $3.8 million project was mainly funded under the fiscal 2009 Capital Improvement Program budget and will include burying utilities and adding a left-hand turn lane between Liberia Avenue and Sudley Road, Manassas Public Works Director Michael C. Moon said.
Some business owners along the strip say they are not happy, as they must turn over a piece of their land to make way for the wider road.
"This is really bad for my business, because it is going to take away my front parking spaces and put the road basically at my front door," Espresso Cafe and Restaurant owner Rui Ramos said, adding that he will lose about 15 parking spaces. "My customers come and stay, so if I don't have a place to park, they will leave."
To complete the project, which is expected to take eight months, the city had to acquire land or easements from 16 properties, said Billy Swartz, assistant public works director. The city has reached agreements with all but four properties.
"I feel sorry for everyone and how it will impact their business, but at the same time, if you drive down [Route] 28 at 5 p.m., you are fearful to make a left-hand turn," said Northside Auto Sales owner Kenny Loveless, who reached an agreement with the city. "You can't stop progress."
Under eminent domain, the government can take property for a public use. Owners must be paid "just compensation," which covers the cost of the land condemned and the damage to owners' remaining property.
To get land from those holding out, the city was forced to file certificates of deposit in Prince William County Circuit Court in March, said Martin R. Crim, deputy city attorney. That procedure transfers the property to the city and gives officials 60 days after the project's completion to reach an agreement on compensation with property owners. Otherwise, the case heads to court.
"It is in everybody's best interest to work this out before it gets to court," Crim said. "We want to make sure the merchants are happy and feel they are being treated fairly by the city, but we also want to be fair to the taxpayers."
Ramos was the most recent to settle with the city. He received a check for about $181,000 for 3,633 square feet, about 1,500 of which he will get back because it is serving as a temporary construction easement.
"They already condemned the land, so there was no use arguing anymore, and I don't have the money to go to court," Ramos said. "I think they should have compensated me more for the loss of my business. They do so much for the businesses in Old Town but nothing for the rest of the businesses in the community."
The city has not reached an agreement with Mabudian, Curry's Auto Parts, E.E. Wine or JAB1 Enterprises, which owns a KIA dealership on Centreville Road.
"Road widening is a true public purpose, so we are not fighting that," said Joseph Waldo, a lawyer with Waldo & Lyle P.C., who is representing Mabudian. "What we are fighting for is just compensation. For car dealers, their frontage is their showroom. . . . The city said there were no damages, but this will significantly impact the residual property."
The city has condemned about 4,000 square feet and offered about $111,460 to Mabudian, Waldo said, and a small portion of the property will be returned after construction. Waldo said he is also in discussions with the Curry family, whose auto parts business has been on Route 28 for almost 30 years.
Gifford Hampshire, a lawyer with Blankingship & Keith who is representing the KIA dealership, said his client's biggest concern is also the loss of show space in front. The city's most recent offer to the company was $84,100 to acquire 3,935 square feet, about 1,300 of which would be returned after the project's completion. "We don't contest the value of widening the road," Hampshire said. "It's the fact that [17] display spaces will be taken, and those are critical to an auto dealer."
Swartz said the city expects "minimal" disruption during the project, as crews are scheduled to work only between the hours of 9 a.m. and 3 p.m. There were problems Wednesday when crews punctured a gas line, shutting down the northbound lanes for four hours and causing 65 businesses to temporarily lose gas service.
"It's construction, so I fully expect there to be some impact to business during the construction phase," Loveless said. "But once complete, I think it will make up for what we lost. The city is growing, and you have to build roads to accommodate that."
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