“I wish they’d change it,” said Earnhardt, 63, who lives with his elderly mother at 103 Newsome Road. “I don’t see why it’s like that. Any other people that follow us know what to expect.”

Earnhardt’s mother’s house at the corner of Stokes Ferry and Newsome roads and Wink’s Barbecue restaurant will be demolished whenever the state follows through on plans to extend Newsome Road to East Innes Street — part of the widespread changes and realignment of roads connected to the widening of Interstate 85 at the East Innes Street interchange.

Last month, Earnhardt wrote a letter to Gov. Jim Hunt complaining about the DOT’s policies behind the purchase price for his mother’s home and their relocation payments. Earlier, he also had asked state Rep. Charlotte Gardner to investigate the matter on his behalf.

N.C. DOT Secretary David McCoy recently wrote Earnhardt to cite the federal act and state statutes behind the DOT’s decision. He also indicated that Earnhardt is being offered an “opportunity,” of which he should take advantage.

The DOT right of way agent has offered the Earnhardts $34,000 for their house and up to $45,500 in relocation assistance.

That is, the DOT judged the house at 103 Newsome Road to have a current market value of $34,000. It said that the Earnhardts could move to comparable housing in Salisbury for $79,500, using the March sale price of a house at 943 Fairmont Ave. for comparison purposes.

“You have the opportunity,” McCoy wrote Earnhardt, “to improve your present living situation by replacing your current home, which has a market value of $34,000, with a home valued at $79,500, which is an increase of $45,500.”

Earnhardt argued that for his mother to receive all of the $79,500, she had to spend “every single penny” on the replacement housing. If the Earnhardts decided to move to a house that cost less, the state would only pay that amount.

Earnhardt basically wanted to know why he and his mother couldn’t receive the full $79,500 up front and spend it the way they wanted to spend it on replacement housing. The Earnhardts had in mind buying a less expensive house and using some of the money left over for new furniture and appliances, for example.

The house the DOT recommended on Fairmont Avenue uses oil heat. Earnhardt said his mother’s appliances use natural gas. If he and his mother decided to rent rather than buy a new house, Earnhardt also noted, they would lose virtually all of the relocation assistance.

The state DOT’s relocation policies follow the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 and N.C. general statutes 133-5 to 133-18.

“These laws and regulations require that all replacement housing payments must be applied or obligated toward the purchase of replacement housing,” McCoy said. “The purpose of the payment is to allow the displaced family to be able to purchase comparable property so that they will be placed in a similar living situation.”

Giles S. Perry, a staff attorney in the research division for the N.C. General Assembly, gave Gardner the same information. Perry reported that the law places responsibility on DOT for finding “comparable housing” and allows the money to be used only for the replacement house.

“If it (the replacement house) costs less, the homeowner gets a smaller payment from DOT — they cannot use the difference for other purposes,” Perry said.

Both Earnhardt and his mother, Daisy, are on Social Security. Daisy Earnhardt has lived in the house for 53 years.