Charlotte council defers vote on eminent-domain actions for Rocky River sewer after residents’ attorney objects

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 requested by the town in 2016 and that the segment in question is part of phase 1 of the Rocky River CIP. “It is my legal opinion that this does meet the public purpose standard necessary for condemnation under the North Carolina constitution,” Powers said.

Angela Charles, director of Charlotte Water, said the work is for backbone wastewater infrastructure—“All 5,900 feet of this line will be maintained” by Charlotte Water—and that the utility has reimbursement agreements with a developer who will install pipe and be reimbursed under that contract. City Attorney Anthony Fox and other staff explained that tonight’s action would only initiate the condemnation process by authorizing the filing of complaints and making deposit notices; any determination of just compensation would be made in a court proceeding and property owners would have an opportunity to challenge public purpose and compensation there.

Council members debated the legal and procedural questions, including whether the developer’s involvement changed the project’s scope or timing and whether the parcels lie in the rear of properties near the Cabarrus County line. Councilmember Victoria Watlington asked whether the contested parcels are “square in the middle of the development or on the outer edge,” and staff answered that the pipeline runs toward the rear of the properties, near the county line. Staff stated the pipes are 15-inch and 12-inch wastewater mains installed as part of a roughly 5,900-foot set of lines in Davidson that had been included in Charlotte Water’s capital program since 2018.

After discussion, a motion to approve the condemnation items did not receive a majority. A subsequent motion to defer the items until the council’s next business meeting carried, with council setting the items to return on the Feb. 24 business meeting for further information and continued negotiations. Staff said they would continue engaging Mr. Odom’s clients on just compensation and that a court process can be used to determine compensation if voluntary agreements are not reached.

Clarifying details recorded in the meeting: the pipeline work in Davidson totals about 5,900 feet of 15-inch and 12-inch wastewater main; the Town of Davidson requested the line in 2016 and the project has been in Charlotte Water’s CIP since 2018; Charlotte Water described the construction as procured under a reimbursement agreement with a private developer who installs infrastructure that the city will own and maintain; staff said property acquisition to date has included negotiations but appraisers and real estate staff had not reached agreement with the three families represented by Odom, prompting the proposed condemnation initiation.

Council members and staff said the matter remains subject to negotiation and potential court review of just compensation. The council’s deferral will bring the items back at the Feb. 24 business meeting with the expectation that staff will return with additional information and continued engagement with property owners.