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2003 SESSION

034414524
SENATE BILL NO. 1197
Offered January 8, 2003
Prefiled January 8, 2003
A BILL for the relief of Shirley Dillon Roark.
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Patron-- Reynolds
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Referred to Committee on Finance
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Whereas, in June 2001, the Department of Transportation was improving State Route 58 in front of the home of Shirley Dillon Roark ("Roark") by increasing the number of lanes from 2 to 4; and

Whereas, the improvements occurred approximately 40 feet from Roark's Henry County home; and

Whereas, activity related to the improvements caused Roark's house to shake considerably; and

Whereas, during the improvements, Roark discovered cracked bricks in a first-floor fireplace; and

Whereas, Roark subsequently discovered a crack approximately 10 feet in length and three-quarters of an inch wide in her basement wall; and

Whereas, Roark believes that these cracks were directly caused by the improvements; and

Whereas, Roark has spent $7,235.29 repairing these cracks; and

Whereas, additionally, as part of the improvements and pursuant to right-of-way activity, the Department of Transportation did cause portions of Roark's driveway and front yard to have a significant grade where no such grade previously existed; and

Whereas, the grade in Roark's driveway was so steep she could not exit it without scraping the bottom of her car; and

Whereas, Roark did damage her car due to the grade of her driveway; and

Whereas, the Department of Transportation paid for repairs to her driveway to prevent further damage to cars passing upon it; and

Whereas, the grade in Roark's front yard is now so steep she can no longer use a riding mower to cut the grass, whereas she was able to do so prior to the improvements; and

Whereas, Roark asserts that the Department of Transportation misrepresented the severity of the impact the improvements would have upon her property; and

Whereas, Roark is concerned that the Department of Transportation does not recognize or appreciate the inconvenience and expense it has caused her and may cause others; and

Whereas, Roark has suffered anxiety and stress as a result of the improvements and has no other means to obtain adequate relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there shall be paid for the relief of Shirley Dillon Roark from the general fund of the state treasury, upon execution of a release of all claims she may have against the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision in connection with the aforesaid occurrence, the sum of $7,235.29 to be paid to Shirley Dillon Roark on or before August 1, 2003, by check issued by the State Treasurer on warrant of the Comptroller.