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Mr. Fisher has indicated that he would prefer a 10301and swap for tax purposes but <br />would be willing to listen to other District offers. JPI, the Dallas based development <br />firm, has clearly stated that it is an unwilling seller and that it "would want to be made <br />whole" through the condemnation process. JPI currently has a contract on the property <br />for $3,000,000 and according to their representative has expended a great deal of <br />money in the planning and development stage for Jefferson Commons at Carrboro. This <br />project includes 264 multifamily units, 850 parking spaces and over 500,000 square <br />feet of impervious surface. The rezoning required to complete this project is not yet <br />determined. This would have a major impact on the potential land cost of the major <br />parcel. <br />The District's legal staff has provided the following summary of the condemnation <br />process. <br />1. The Boadd performs an appraisal on the property in question. The Boadd has already <br />commissioned Lee Butzin to perform this service and this work is complete. <br />2. After the Board obtains an appraisal, it petitions the County Commissioners for approval of the <br />appraised amount and for any increase in the yeaz's capital outlay fund. The Board should <br />certify that it will attempt to purchase the property through negotiation, but will use its <br />condemnation powers under N.C.G.S ~ 40A if the negotiations aze unsuccessful. The County <br />Commissioners should be informed that if they approve the price, they have also approved any <br />additional compensation costs ordered by the Court if condemnation proceedings are necessary. <br />3. After County Commissioner approval, the Boadd must give the current owners 30 days notice <br />before filing a condemnation complaint. The Board files a complaint and a deposit for the <br />appraised amount in Superior Court and also files a declazation with the Register of Deeds. <br />Unless an action for injunctive relief has been initiated, title vests with the Boadd upon filing the <br />complaint in Superior Court. The schools can commence construction at this point and the <br />remaining issue will be compensation for the former owners. <br />4.. The former owners have 120 days to file an answer. <br />5. The former owners have 60 days after filing an answer to make a motion to appoint 3 <br />independent commissioners to determine compensation for the taking. If they do not request for <br />independent commissioners to determine the land's value, the case goes on the civil docket to <br />determine the issue of compensation. <br />6. Within 90 days of receipt of the answer, the Boadd must file a plat with the Register of Deeds. <br />7. If the independent commissioners or the Court fmd the amounts deposited to be insufficient to <br />properly reimburse the owners, the schools will pay the balance. The Court can also order the <br />owners to be reimbursed for the costs of any appraisals or engineering services used for this <br />action. <br />Description of the Site <br />The administration directed Mosely, Wilkin and Wood to examine the Rock Haven site <br />for suitability. They were asked to create three options on the site, each one <br />progressively moving more facilities off site or reducing square footage. At the last <br />meeting, the Board directed the administration to look at a modified Option 2. This <br />option would secure all three parcels of land and move the competition stadium off site. <br />This option allows for increased flexibility on the site and allows the District to be more <br />