Emerald Trail Eminent Domain / Land Acquisition ($12.6M)

Recommended

NCSPHS Substitute/Approve 6-0; Rules Substitute/Approve 5-0

Debated

Chair Lahnen confirmed with Nina Sickler, Director of Public Works, that the bill is part of a $30 million project for this section of the Emerald Trail and only moves funds from the construction account to the land acquisition account, with no change to the total cost of the project. The substitute authorized the Real Estate Division chief to negotiate purchases for 17 parcels, allowing for offers up to 25% above appraised value and up to $100,000 in business damages, exclusive of legal and professional fees. If talks fail, the Office of General Counsel is authorized to institute appropriate legal proceedings to acquire these properties by condemnation if negotiations are unsuccessful. The substitute also waives settlement limitations in Sections 112.307, 112.308 (Eminent domain), and 112.309 (Attorneys' fees) to allow for certain settlements in excess of $50,000 without further Council approval. A 2/3 full-Council vote will be required for final passage.

Decided

PASSED — substitute approved, moving $12,599,258 from construction costs account to land acquisition account and authorizing eminent domain proceedings on 17 parcels near Hogan's Creek