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Charlotte council defers vote on eminent-domain actions for Rocky River sewer after residents’ attorney objects
Summary
Council members paused action on three Charlotte Water condemnation items after an attorney representing three property-owning families argued the takings would be unlawful; Charlotte Water and the city attorney said the pipeline project meets public-purpose tests and that just compensation would be deposited with the court.
Charlotte City Council on Feb. 10 deferred action on three Charlotte Water agenda items that would have started condemnation proceedings to obtain easements for a Rocky River sanitary sewer outfall, after an attorney representing landowners urged the council not to authorize takings for a private developer.
The council’s delay came after Tommy Odom, an attorney who said he represents the May, Hennenhausen and Davis families, asked members to deny the condemnation action and require the developer to acquire property on the open market. “We believe this is a very serious matter…to condemn these three families’ properties for a private developer would be unlawful and unconstitutional,” Odom told the council.
City and Charlotte Water staff said the project is part of a broader capital improvement plan requested by the town of Davidson and that the work meets the public-purpose standard needed for eminent domain. Thomas Powers, speaking for Charlotte Water, told council the pipeline route was…
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