Agenda - 11-23-1987 - Laserfiche WebLink

Browse Search

13 had never been condemned in the state of North Carolina to establish a state park. Forrest Heath, resident of Chapel Hill Township, expressed support for the Master Recreation and Parks Plan provided the County can properly fund, manage, maintain and patrol those facilities. He indicated strong opposition to the greenways system as proposed in the Plan. He felt the County could not properly manage, maintain and patrol the greenways. He expressed concern for the private properties adjacent to those greenways. He was concerned that in a recent subdivision he was required to donate an easement to the Recreation and Parks Department prior to approval of his subdivision. Ms. Marshall asked if this requirement was more than that required in the Subdivision Regulations. Mr. Heath responded that the requirement was a part of the Subdivision Regulations which he considered a "taking" of his private property for public use. He read from a Supreme Court decision in Los Angeles County, California, that stated: "Consideration of the compensation question must begin with direct reference to the language of the Fifth Amendment which provides in relevant part that private property shall not be taken for public use without just compensation. " He suggested that the County Attorney review this issue and indicated he felt there would be suits against the County in the future for the "taking" of private property. Ms. Marshall noted that the County Attorney is doing extensive research on those recent Supreme Court decisions regarding planning issues. Don Cox expressed the desire to re-enforce the wildlife habitat needs along the greenways as indicated by Dawson Sather and emphasized the responsibility man has to those creatures within the wildlife habitats. The active development of greenways and putting sewer lines along streams destroys the wildlife. He expressed support for the idea of greenways and the setting aside of stream buffers throughout the County but in most cases for the preservation of the wildlife habitat, active greenways should not be along stream banks. He addressed the historic values of some of the areas and asked that those values be considered from the standpoint of preserving wildlife habitat and also a greater enhancement and understanding of the history for citizens of these areas. He informed the Boards that the land which is indicated as being in Eno River State Park lying between 1-85 and US 70 is in private ownership and has not been parkland for several years. James Plymire indicated he felt the Plan was a very workable and attainable plan with the exception of the proposed greenways system. He noted that he felt such an extensive line is not attainable, is not manageable and not supportive maintenance wise. He urged the Boards not to hold up or "bog down" a workable plan with one such element.