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Thread: Buying property next to a Park?

  1. #1
    Cathy Guest

    Default Buying property next to a Park?

    You might want to think twice about buying property next to any Public Park or government recreational facility.
    North Carolina Statutes gives Cities and Counties the right to use eminent domain to take that land for Park expansion.

    NC General Statutes Chapter 40A:

    (b) Local Public Condemnors – Standard Provision. – For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes.

    (1) Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights‑of‑way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties.

    (2) Establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A‑311 for cities, or G.S. 153A‑274 for counties.

    (3) Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities.

    (4) Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems.

    (5) Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities.

    (6) Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency.

    (7) Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156.

    (8 ) Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A‑399.3, Chapter 160A, Article 19, Part 3B, effective until October 1, 1989, or G.S. 160A‑400.14, whichever is appropriate.

    (9) Opening, widening, extending, or improving public wharves.
    http://www.ncga.state.nc.us/EnactedL...apter_40A.html

    And last session, Senator Hartsell tried to expand eminent domain powers to include the right to "take" abandoned (read closed) factories and businesses.

    Just food for thought folks.

    Cathy

  2. #2
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    Default

    It might be easier at this point to just list the uses for which property CAN'T be taken.

  3. #3
    Dharma's Avatar
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    Default

    Yes...and be really afraid if you've owned property for years and someone starts talking about building a park in your neighborhood. Now the benign word "park" is even scary!

    It occurs to me that the safest property in town is in the middle of a sprawing neighborhood - where one doesn't have to THINK or worry about imminent domain or annexation.

    Just vote for the lady with the adorable little campaign flyer. Who cares, she LOOKS like she's nice.

  4. #4
    Cathy Guest

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    Nope. That's not safe either Dharma.
    The sprawling neighborhood I live in is under the constant and real threat of forced annexation.

    North Carolina hasn't gotten this far YET, but in Portland Oregon, the once sprawling, low density, single family home neighborhoods are being forced and 'ordinanced' to replace the homes with high rise apartment complexes in their place. It's just a matter of time.

    If Cary's Downtown Area Plan goes forward as envisioned, many if not most of the single family homes in the immediate TCAP area will be replaced with higher density.
    I have personally heard a developer talking to the Cary Chamber state that they expect the Town to use it's eminent domain powers to 'assemble' parcels for redevelopment.
    I have heard second hand that a prominent member of the Cary Chamber has been calling for the Town to use ED against a property owner who isn't 'giving it up' for the vision.

    And the NC Statute 160A Article 22, 160-500, "Urban Redevelopment Law" gives Cities and Counties all the latitude they need to do just that.
    http://www.ncga.state.nc.us/EnactedL...pter_160A.html
    Cathy

  5. #5
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    Cathy,

    What areas in Cary are you referring to, ?

    Quote Originally Posted by Cathy
    If Cary's Downtown Area Plan goes forward as envisioned, many if not most of the single family homes in the immediate TCAP area
    I’m not up on the Lingo. “TCAP, sprawing neighborhood’ ?

    I live in a 30 year old single family neighborhood, this hole eminent domain thing has got me a bit perplexed.

    ChrisD
    "All that is necessary for the forces of evil to win in the world is for enough good men to do nothing." —

    Edmund Burke

  6. #6
    Cathy Guest

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    Chris,

    TCAP is the 'Town Center Area Plan'.

    From a look at the maps on the plan, what is envisioned for much of the areas south of Chatham St. is to redevelop the single family homes to higher density multi-family. Some single family will remain.
    This is why the goals of the TCAP is causing a problem as to how the stormwater will be handled.
    What is there now will remain until the pressure goes up to redevelop. Then whoever is doing that redevelopment will be "encouraged" to follow the goals of the plan.

    Cathy

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    Wuptdo's Avatar
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    Default Blight!

    So Cathy, what else is Cary supposed to do with the blighted homes & business's downtown? Is Cary supposed to go through the "crack whore" phase first, so that properties are driven down to the lowest values, then re-vitilize. I have no problem skipping number 3, and going right to number 4 (which then in turn starts the cycle again).

    Also Cathy, in the last couple of years I have met folks from your 'hood that want to be annexed.

    Now that the elections are over, it would be interesting to see if any of the council members can demonstrate some leadership qualities and begin to take the town forward.

    Wuptdo
    “I’ve seen things you people wouldn’t believe.
    Attack ships on fire off the shoulder of Orion.
    I watched C-beams glitter in the dark near the Tannhauser gate.
    All those moments, lost in time, like tears in rain.

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    Wuptdo wrote:

    Now that the elections are over, it would be interesting to see if any of the council members can demonstrate some leadership qualities and begin to take the town forward.
    Could you please define what "take the town forward" means to you? Personally, I think the current CTC is in need of a serious blood tranfusion before the TOC reaches a critical stage on the mounting debt issue. New blood in the council could have possibly brought forth a new thought process, which in essence could have helped to correct Cary's debt problem. Also, let's not forget the current town council's efforts to "take the town forward" to date have contributed to an uncontrolled growth that has weakened the towns infrastructure to the point it needs immediate attention (my opinion). Some very tough choices are in store for Cary in the near future. Basically, something needs to give in order to produce the funds necessary to reduce Cary's debt and strengthen infrastructure to meet current and future growth needs. In the past Cary has attempted to gain financial strength by increasing its taxbase through growth and annexation. This may have been a good solution in the past, but there are only so many places to annex and so far you can grow. Soon Cary will be forced to look inward vice outward for its solutions. Yes, that means increased property taxes, consumer utility bill hikes, city provided service cost increases, etc. (much more than you've seen in the past). In other words, if Cary continues down the same path it has in the proceeding years - look for YOUR cost of living in CARY to increase more than you want or expected. Having your cake and eating it too is not always as easy as it sounds.

    Is the current CTC up to the challenge? In my opinion their efforts so far have been dubious at best. Sure, some on the council are probably up to the challenge, but their efforts are sometimes in vain when met with resistance from the majority. Old habits are hard to break, which leads me to believe it is sometimes easier to replace "old" things instead of attempting to change them. Would you attempt to recondition a vicious watchdog into a family pet? Of course not, because it could revert back to its old habits and bite one of your children. What I'm trying to say is the CTC needs to rethink some of Cary's old ways of doing business and that can sometimes be a lot to expect without changing some of the people involved in the thinking process.
    "Too bad ninety percent of the politicians give the other ten percent a bad reputation." Henry Kissinger

  9. #9
    Cathy Guest

    Default Re: Blight!

    Quote Originally Posted by Wuptdo
    So Cathy, what else is Cary supposed to do with the blighted homes & business's downtown? Is Cary supposed to go through the "crack whore" phase first, so that properties are driven down to the lowest values, then re-vitilize. I have no problem skipping number 3, and going right to number 4 (which then in turn starts the cycle again).

    Also Cathy, in the last couple of years I have met folks from your 'hood that want to be annexed.

    Now that the elections are over, it would be interesting to see if any of the council members can demonstrate some leadership qualities and begin to take the town forward.

    Wuptdo
    What is Cary to do?
    How about trying to encourage more investment in the downtown area by making it friendlier to market forces instead of DICTATING every detail of how it should develop? How about giving investors a break on fees and regulatory hurdles instead of making the process of getting anything accomplished more and more expensive and time consuming?

    You have to ask yourself why, since Cary is such a desirable place to live, and the average income level is high, that interest in the downtown area by individual private investment isn't higher.

    Why aren't individual homebuyers and small business entrepreneurs getting in line and falling over each other to snatch up those older homes and 'gentrify' them?

    What do YOU think Cary should do to "take the Town forward" and create your "shining city on a hill" ?? Based on previous posts from you, it sounds like you feel the Town use the heavy-handed approach, use the force of law like a big stick, and rebuild the Town on the backs of as many taxpayers as the Town can conscript.

    Of course you have spoken to people in Medfield who want(?) to be annexed, because there are definitely people who live in Medfield who aren't opposed to be taken into the Town or they feel like it would be easier to turn over their responsibility for sewage and water to the Town.
    SO WHAT???
    What does that have to do with whether involuntary annexation is right or wrong or the proper role of government??
    Just because you, or Jack Smith, or anyone else can SAY that some want to be annexed does not make involuntary annexation of the neighborhood right.
    Do you actually think that since there may be a few people in Medfield who would like(?) to be annexed that this is good justification for imposing the desires of the minority onto the majority who don't want it??
    The question of whether it is a majority or minority could easily be answered with a referendum on the question.
    That is the American democratic way.
    Involuntary annexation is the Banana Republic way.

    And to get back to the subject of the proper use of eminent domain, taking someones property, using eminent domain, in order to hand it over to a higher tax paying private owner, is ALSO behavior more appropriate to a Banana Republic.

    Is your "shining city on a hill" a Democratic Republic or a Banana Republic, Wup??

    Cathy

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    Brent's Avatar
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    Default

    Quote Originally Posted by Tonya
    It might be easier at this point to just list the uses for which property CAN'T be taken.
    Isn't that the sad truth, Tonya!
    - Brent Miller

    "The job of a citizen is to keep his mouth open" -- Gunter Grass

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