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Commissioners authorize condemnation to secure easements for Riverbend water and sewer project
Summary
After a lengthy discussion and public concern, the board authorized condemnation actions under N.C. Gen. Stat. Chapter 40A to keep an $22.8M Riverbend off-site water and sewer project on schedule; staff said $18.5M is state funding and property owners have until condemnation filing (late Dec.) to settle.
County attorney Megan Gilbert and county staff briefed the board Nov. 18 on the Riverbend Preserve water and sewer project and asked the board to authorize condemnation actions under Chapter 40A of the North Carolina General Statutes to secure easements the county needs to place utility lines.
John Henry and Jonathan, the county engineer, described construction bid results and funding: Fuller & Company Construction was the low bidder on the off-site water and sewer contract with a tentative award amount of $22,826,185.20, which includes a 5% contingency ($1,086,961.20). Staff said roughly $18.5 million of the county cost will come from state funds (not county general-tax dollars); anything over that amount would be the developer’s responsibility under the signed agreement.
Gilbert explained the condemnation process is a last resort and triggers a pre-condemnation 30-day notice to property owners; during that 30-day period owners may still negotiate settlements. Staff and an outside acquisition firm (PPS) told the board that notices began earlier this summer and negotiations have been ongoing, but federal/state ARP-related deadlines require encumbering the funding by Dec. 31. "These funds must be encumbered with the state by December 31," the county attorney said. County staff said condemnations would be filed at the end of December if negotiations do not conclude.
Public comment and board discussion focused on fairness, compensation and process. Sonia Gales, a resident with property affected by easements, urged additional time and documentation and said she did not oppose water service but objected to sewer lines crossing property without access for affected property owners. Todd Bergen raised unrelated personnel allegations during public comment (personnel matters were not discussed substantively by staff during the meeting).
The board voted to authorize condemnation actions. Commissioners emphasized they would continue to negotiate in good faith with property owners before filing condemnation. The county asked staff to continue outreach and to document negotiation efforts and compensation offers.
Why it matters: The decision moves a multi-million-dollar infrastructure project forward while raising legal and community-relations issues over property rights and compensation. Affected property owners have a defined window to reach agreements before the county pursues condemnation.
