The state of GA DOT is widening the state highway that runs through our property. The contractor for the job planned to purchase the fill dirt required from us as there are several large hills that can be taken down. The state refused to let them use the dirt on our property. The contractor is now going to get the dirt some distance away and the cost to the state is higher than it would be if they used our dirt. The reason the state would not allow them to use our dirt is that they consider our property part of a historical civil war battle. However, this land has already been used as a borrow pit on several occasions and in fact the highway they are widening was rerouted many years ago right through the middle of this property. The Dept. of Natural Resources is making a state historical park on the property adjacent to our property and that contractor was allowed to get their fill dirt from our property this year. Why can't the highway contractor use our dirt? We are losing a good bit of money by the state not allowing the use of this dirt for the road widening. Are we being treated unfairly by the state in this matter and would be have any legal grounds to file suit against the state?
1 Answer from Attorneys
Your remedy is to talk to the head of DOT and the governor and ask them to use common sense. But you cannot make them buy your dirt.