http://takingland.com/eminent-domain/eminent-domain-process/ Eminent domain process Condemnation Process in North Carolina: Typically the process starts with negotiations between the Condemnor wanting to take your property by eminent domain. If negotiations reach an impasse, the eminent domain condemnor may start an eminent domain lawsuit. There are three main condemnors, North Carolina (NCDOT), Local Public Condemnors (municipalities), and Private Company Condemnors (Duke Power, railroads). Under NCGS 136-103 Overview Of The Process Of Taking Private Property: o Chapter 40A – applies to PRIVATE CONDEMNORS. Reference N.C. Gen. Stat. 40A-3(a). Articles 1, 2, and 4 (this includes a special proceeding hearing before the clerk of superior court) Under Article 2, the condemnor makes a petition for the appointment of commissioners to appraise the property and for the clerk to determine the amount of damages to be awarded to the property owner. The petition must allege: a description of the real estate being condemned, incorporation status of the condemning private petitioner (eg. Duke Power, Railroad company), statement of the condemnor’s public business, a statement regarding the specific use of the property being condemned, allegations whether the owner may be permitted to remove improvements affixed to the land being taken, the names and residences of the landowner, and statements describing any liens (mortgages) and encumbrances on the land. If the taker is a railroad, a map must be filed showing the route (see NCGS 62-192) The landowners have to be served this petition via service of process rules.
CSX is about jobs, growth and the future of Johnston County http://www.smithfieldselma.com/news...jobs-growth-and-the-future-of-johnston-county
The BOA stadium did not have the eminent domain option though and that is the big difference here as railroads have the ability to use eminent domain in NC.
CSX hub will stimulate economy in eastern NC, just as it has in northwest Ohio http://www.smithfieldselma.com/news/details/csx
Uncertainty surrounds proposed CSX hub in Johnston County On Wednesday, a group of state and Johnston County officials, including members of the Four Oaks Board of Commissioners and a Johnston County Commissioner, will fly to Ohio to tour a CSX intermodal hub south of Toledo that is the twin of what the company proposed for Johnston County. Last summer, state transportation and economic development officials went on a similar tour of the Ohio facility, along with Johnston County’s economic development director Chris Johnson. http://www.newsobserver.com/news/local/counties/johnston-county/article72707082.html#navlink=Lead
‘Four Oaks is not for sale’ residents tell CSX, politicians http://www.newsobserver.com/news/local/counties/johnston-county/article72573092.html
As a general rule, what is land actually worth in Johnston County without the CSX thing in play. If someone was selling an empty, 1 acre lot what would you expect to pay?
That's going to vary tremendously from location to location. Four Oaks and Selma/Micro are very different as far as pricing and both are significantly less expense (as a whole) that most of the western part of the county.
So for argument's sake let's use our area. 4042 area, subdivision, 1 acre lot. County last re-evaluated properties in 2011 so property record cards seem to indicate about 18k an acre. Is this about right? Just curious.
Cleveland area, I'd say 20-25 k / acre for farmland. A subdivision you can double or triple the price.
Looking at actual properties for sale in the area, it's between $15-30k per acre, depending on location. If you look around hard enough though, you can find many lots for $10-15k per acre too - http://www.zillow.com/homedetails/103-Henry-Ct-Clayton-NC-27520/2103458290_zpid/ This one is only $7315 an acre even - http://www.zillow.com/homedetails/4593-Jackson-King-Rd-Raleigh-NC-27603/2100136156_zpid/ But this one is $35,778 an acre - http://www.zillow.com/homedetails/Wildwood-Dr-Clayton-NC-27520/2104239767_zpid/ If I had to give an average though, not in a subdivision or a town, maybe $10-15k per acre. Prime property, $35k an acre.
I doubt if everyone whose property was taken for I-95, I-40, I-540, I-440, I-85, I-77, Jordan Lake, Falls Lake, etc. wanted to sell their property either, but the needs of the society as a whole must be considered over the wishes of any individual.
IF they are being paid enough to buy the same amount of land in the general area, plus enough to reproduce their current facilities, plus revenue lost due to down time,; then they are just being bull headed and holding up progress. If they get moving, then they could be building the new facilities while the CSX project is going thru permitting, and have no down time at all.
