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Southport board directs review of historic ‘declaration of withdrawal’ filings and authorizes manager to notify owners
Summary
At a special meeting the Southport board voted unanimously to have outside counsel and staff search historic land records for declarations of withdrawal that may affect city alleyways and to authorize the city manager and city attorney to send notice letters to affected property owners; the board also entered newly received documents into the official record.
At a special meeting, the Southport board of aldermen voted unanimously to ask outside counsel and staff to search historic land-record filings for "declarations of withdrawal" that might have removed alleyways or other public property from the city's records, and to authorize the city manager and city attorney to send standard notice letters to anyone identified.
Mayor opened the meeting by saying the purpose was transparency: "The purpose of the meeting today is to make sure that we have full transparency on everything and all of the documents that are out there are available to everybody to see and make their own assessment of what's going on," and asked that recently received materials be entered into the record. The board agreed to add the packet of roughly 50 pages and a separate October legal opinion to the official file.
A board member who initiated the records search described a preliminary memo added to the packet as cautious: "This preliminary opinion is subject to change pending further review, additional facts, and comprehensive analysis. It does not constitute a final legal conclusion or advice and should not be relied upon as such," the member read from the memo into the record.
Officials told the board they had found several filings of concern, including recorded declarations of withdrawal and warranty deeds associated with parcels on or near Owens and 8th Street. One participant warned the records and surveys showed additions such as a porch and staircase did not appear in tax records until 2024; another noted that recorded surveys by Tidewater on behalf of Pleasant Oaks LLC showed older property boundaries.
City staff outlined early cost and time estimates for the review. "Outside counsel estimates 10 to 12,000 so far," a staff member said, adding that a staff estimate and outside counsel time together produced a "rough estimate of $15,000" to research the items identified to date.
After discussion the board refined the scope of the search (members suggested using about 1939 as a reasonable historical cutoff to make the work feasible) and approved a motion to instruct outside counsel to search for any declaration-of-withdrawal filings that relied on the general statute cited in the existing notices. The board also voted to delegate authority to the city manager and city attorney to send letters to property owners identified by the search and to report those actions back to the board.
At the meeting members stressed the goal of treating all cases equitably. One alderperson urged removing politics from the review and "look[ing] at the facts," while another said the board should pursue both negotiation with affected property owners and a broader records review.
Board members asked staff to continue parallel outreach with property owners already in contact with the city attorney and to return to the board if a negotiated resolution is proposed. The meeting concluded after the board summarized next steps, and the mayor adjourned the special meeting by voice vote.
Next steps: city staff and outside counsel will search county records and registries for declarations of withdrawal within the agreed timeframe, the city manager and city attorney have authority to send notification letters to identified filers, and the board will be updated on results and any negotiated resolutions.
