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Farmer asks Cary council to consider eminent domain to secure sewer easement for proposed 55+ development
Summary
Jeff Pierce, a third-generation farmer, told council he and a developer repeatedly failed to secure a sewer easement needed to build a 55-lot 55+ community and asked the town to pursue eminent domain if the easement is not resolved by Feb. 1.
Jeff Pierce, identifying himself as a third-generation farmer on Pierce Olive Road, asked the council on Dec. 11 to consider extraordinary measures, including eminent domain, to secure a sewer easement needed to move forward with a proposed 55-and-over residential community.
Pierce said the property was split when Cary and Holly Springs annexed parts of the farm about 15 years ago and that a previous developer withdrew in 2021 after failing to secure the necessary sewer connection. He said the current developer is constrained to 55 lots and has requested the easement for a connection; negotiations with the current property owners controlling the easement have been unproductive.
"We have had extreme trouble getting the sewer easement... The developer has had 22 extensions to our deal... and we've come to no resolution," Pierce said, adding that constructing a pumping station to route wastewater around the easement would cost about $2,100,000, which the project cannot support for 55 lots.
Pierce asked the council to "encourage the town to enact eminent domain so we can move forward," and said he needs an answer by Feb. 1 or the developer will back out. The council thanked him and asked staff to collect contact information so they could follow up.
Next steps: The council did not make a decision on eminent domain at the meeting. Staff may follow up with the landowner, developer and Pierce to assess options and report back to council.
