[link to www.freedomsphoenix.com]
New Market Potential Target of Eminent Domain
08-01-2009
For the first time, New Market property owners are talking about offers from a company that wants to buy their land for a proposed rail facility...The company has the option to acquire the land through eminent domain if property owners refuse to sell.

New Market property owners reject rail co.'s purchase offers
By ANN KEIL
6 News Reporter

NEW MARKET (WATE) -- For the first time, New Market property owners are talking about offers from a company that wants to buy their land for a proposed rail facility.

Norfolk Southern wants to locate its intermodal rail facility and logistics facility along Highway 11E in New Market, using it to move cargo between trains and trucks.

The company has the option to acquire the land through eminent domain if property owners refuse to sell.

Mike Clabough is one of several people who say they're not willing to sell.

He got an offer in June. "That was just junk mail to me."

The land was a present from his mother after he retired from the Navy. Clabough had planned to stay there for the rest of his life, tending to his cattle and rebuilding antique cars.

"I don't really care to read this because I thumbed through the back of it where it says I need to sign right here and I'm the seller," Clabough says.

The listed buyer is Newmarket 11E L.L.C., a title he says Norfolk Southern is using as it tries to buy up land to make room for a proposed intermodal rail facility and logistics park set to open in 2013.

"I got a call from this real estate developer wanting to buy my property, the property that was Mama's, and we were in the process of reading the will," says Frank McGhee, one of Clabough's neighbors.

McGhee has refused every request to have his land appraised. As he walked through his yard, old memories came to mind. That's the reason he's also unwilling to sell.

"Money don't mean nothing to me. It's just time I spent with my mother," McGhee says.

While McGhee admits worrying that Norfolk Southern will use its power of eminent domain to force him off his land, he's not willing to give up. He plans to fight back, along with many of his neighbors.

"I've been here for all my life. I guess they'll have to send a truck in to get me," McGhee says.

Norfolk Southern officials have said they've made offers on more than 20 pieces of property, but they refused to comment further.

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