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DOH: Green Bag roundabout schedule ‘at the mercy of the court’

MORGANTOWN – West Virginia Division of Highways District 4 Manager Earl Gaskins said it remains unclear when construction will begin on the long-discussed, and debated, roundabouts at two Green Bag Road intersections.

Roughly 10 months ago, Gaskins told representatives of the Morgantown Monongalia Metropolitan Planning Organization that the project was in a holding pattern as right-of-way matters worked their way through Monongalia County Circuit Court.

That’s pretty much where things still stand as, according to Gaskins, approximately half of the parcels needed are involved in court action, including eminent domain proceedings.

Eminent domain is the power of the government to pay fair market value to take private property for public use – even if the property owner doesn’t want to sell.

Based on information provided by the DOH, 12 parcels have been acquired. Three additional parcels have been acquired but compensation has yet to be paid, and three parcels have been ordered by the court for immediate entry.

That leaves 15 parcels currently tied up in the courts, seven of which belong to the city of Morgantown, “which has agreed in principle but has yet to execute documents for entry to its properties,” according to a DOH representative.

Of the 15, it was also noted there are three parcels for which the DOH has filed its petition with the court, but counsel for the property owners have requested additional documentation through the Freedom of Information Act, extending the process.

The intersection projects are included in Phase 1 of an overall effort to improve the entirety of Green Bag Road.

In addition to the construction of roundabouts at the intersection of Green Bag Road, Kingwood Pike and Dorsey Avenue and the intersection of Green Bag Road and Mississippi Street, the project will also include widening work and pedestrian improvements along that central section of the 3.55-mile long road.

The project was awarded to Mountaineer Contractors in December 2024 for $18,332.804.

At the time, the DOH said the work was expected to be complete in the fall of 2027.

Asked if the right-of-way proceedings will significantly impact that timeline, Gaskins said it’s largely out of the DOH’s hands at this point.

“It could possibly cause delays, yeah,” he said. “That’s totally up to the court system. Every county is different and it depends on the workload of the county [court] itself. We’re dependent on the judge and the county court system to set that up and follow through with that. So, we’re at the mercy of the court.”

It’s expected the delays could also impact the project’s cost; to what degree remains unknown until all right-of-way and utility issues are resolved.

While work has begun on water line and sewer line relocations ahead of the project as they fall within the state’s existing right of way, construction cannot begin until all property acquisition issues are resolved and overhead utilities can be relocated.