Henderson City Council unanimously approves resolution opposing provision that could let one county seize property in another

Henderson — The Henderson City Council on April 27 unanimously approved a resolution opposing Section 5 of the Conference Committee Substitute for Senate Bill 214, a provision council members said would allow one county to acquire property in another without consent and undermine local authority.

State Representative Bryan Cohn told the council that the language was inserted overnight into the Conference Report for Senate Bill 214 and that, because a Conference Report cannot be amended on the floor, the Legislature must either accept or reject the package. Cohn said the Rules Committee could possibly return the measure to conference to remove the language, and he urged Henderson to stay engaged in regional planning on the Kerr Lake Regional Water System (KLRWS).

The resolution (26-20) was moved by Councilmember Garry Daeke, seconded by Councilmember Michael Venable and recorded as approved unanimously. The meeting minutes record Councilmember Noel as absent, and also list an identical set of names among the yes votes; the minutes therefore contain a clerical inconsistency regarding Noel’s voting status.

Councilmembers pressed Cohn on precedent and process. Geraldine Champion asked whether similar proposals had appeared elsewhere in the state; Cohn cited water disputes in the Cape Fear River Basin but said he was not aware of a comparable attempt to override another jurisdiction’s sovereignty in this manner. Tami Walker asked whether the U.S. Army Corps of Engineers still had a role in interstate water allocations; Cohn confirmed the Corps remains involved because Kerr Lake spans North Carolina and Virginia.

City Manager Paylor Spruill recalled that in 2019 the City offered Franklin County six million gallons per day from KLRWS, an offer the county did not accept. Councilmember Kenia Gomez-Jimenez said Franklin County has also pursued a separate plan requesting 15.7 million gallons per day from Kerr Lake that she said would require roughly $200 million in new infrastructure; she argued that relying on KLRWS allocations would be more efficient, less disruptive and a better use of taxpayer dollars.

Garry Daeke provided historical context, noting that discussions with Franklin County have occurred intermittently over many years and that cost escalations associated with the KLRWS expansion during the COVID-19 period have complicated negotiations; he cited Jacobs Engineering studies as informing current capacity and valuation questions.

Mayor Melissa Elliott encouraged public involvement and announced transportation would be available the following morning from the police department parking lot at 7:00 a.m. for anyone wishing to travel to Raleigh to advocate on the issue. The council adjourned at 1:34 p.m.

About the policy: Section 5 of the Conference Committee Substitute for Senate Bill 214 would, as described in the meeting materials, allow the County of Franklin to acquire real property or interests in real property located in Halifax, Vance, or Warren County without the consent or approval of the other county's board of commissioners; the meeting record cites G.S. 153A-15 in the statutory context.