Pender County considers eminent domain

From the Wilmington Star-News (9/6/2006):

Burgaw | Negotiations for land for a new high school in Pender County may be ongoing, but so is the county school board's pursuit to take the land through the process of eminent domain.

The school board's latest move to buy about 26 acres for the site of the new Topsail High School off U.S. 17 in Hampstead was getting the board of commissioners' approval to earmark nearly $1.5 million to initiate condemnation proceedings. Commissioners unanimously approved the amount during their Tuesday morning meeting.

"Unfortunately I'm unable to tell you today we have negotiated a contract," said schools Superintendent Ted Kaniuka. "We believe we've run out of options. We're ready to go."

About two weeks ago, the owner of the property, Wilmington developer Jim McFarland, said he believed the two sides would soon sign a contract. But school officials have said they have yet to see a satisfactory contract.

This is the latest in negotiations that have dragged on for more than a year, holding up construction of the new high school. The school will alleviate crowding at Topsail High, which will turn into a middle school, allowing the current middle school to turn into the area's much-needed third elementary school.

One reason the school system has been eyeing this particular tract is because of its proximity to the current high school. If the new school is built on McFarland's land, existing athletic facilities can be used, saving the schools the cost of constructing new facilities.

A major holdup in contract negotiations has been an assurance from McFarland of sewer service, school officials say. The school system has to have a guarantee of sewer service to get the building project under way.

The school board's condemnation action would take not only the land for the school, but also the 15 acres for sewer.

McFarland plans to build 450 homes and a 500,000-square-foot shopping center on the neighboring 680 acres in Hampstead. His plans include building a wastewater treatment plant to serve the homes and businesses.

By taking the land through eminent domain, the schools would be responsible for the fair market value of what it takes and for any negative impacts on what it doesn't. That could be well in excess of the $1.47 million McFarland wants for the school site if his other developments are forced to scale back.

But time is costing the county money as well, Commissioner David Williams said.

"Every month we delay, we're going to catch it on the back end of construction costs," he said. "I think we need to show a little unity here. It's about the money, yeah, but it's also about where we're supposed to put these kids."