yeah that be sticking point Wayne. I bet he come out alright. However, I'd be miffed if something bought me out and said I had to go
Yep, I have mixed feelings about that too. I would hate to be in that situation, but I would hate to think that one person could stop an important link from being built, be it a road, bridge, railroad, or whatever that benefits everyone.
No, but my grandparents lost 3 acres to I-64 near Lewisburg WV. They knocked down the fences and filled over the land before the state bothered to purchase it. I learned a lesson from that, so when NCDOT cut some trees on my land here, we had a "come to Jesus" discussion quick. IT is amazing how quickly they pony up when their contractors have been caught trespassing and "destroying" private property. The engineer in charge told me they had gone to court to condemn the land but the paperwork was for the person from which I had purchased the property and the court date was scheduled for the following morning .... and I had two deputies as witnesses.
I worked with some of the people who had lived around the park for long before there was a park. Some of those old farmers became millionaires from what was called "worked out" farms by some of them. Others had their property cut in half by Alexander Drive and got squat. One family did not make out anything until just a few years ago too.
I read all of the articles and did not see anything about eminent domain and I don't think a private company can invoke eminent domain anyway. I believe that is set aside for government. If this was a NCDOT Rail Division project (doesn't seem to be) then maybe I could see eminent domain come into play here. Also, based on where I think this site will be I think this guy is on the outskirts of what CSX will need. Even if he doesn't sell and they build the project around him, he isn't going to want to have this business near their business. Something that seems real funny was the timing of the announcement. Usually, these sorts of things are not announced until most of the property is sewn up. Something tells me someone, maybe Mr. Lassiter, blew the whistle a bit early. These things would likely involve non-disclosure agreements. Most other people would probably be happy to sell considering their property is sandwiched between I-95 and a railroad.
http://abc11.com/news/selma-man-fights-to-save-family-farm-from-railway-giant/1162469/ But for Lassiter, it's progress that comes at a very personal price for him, his family, his friends, and his neighbors. And, there's not much he can do about it, since it falls under eminent domain, "the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property."
Chapter 40A. Eminent Domain. Article 1. § 40A-3. By whom right may be exercised. (a) Private Condemnors. - For the public use or benefit, the persons or organizations listed below shall have the power of eminent domain and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law. (1) Corporations, bodies politic or persons have the power of eminent domain for the construction of railroads, power generating facilities, substations, switching stations, microwave towers, roads, alleys, access railroads, turnpikes, street railroads, plank roads, tramroads, canals, telegraphs, telephones, electric power lines, electric lights, public water supplies, public sewerage systems, flumes, bridges, and pipelines or mains originating in North Carolina for the transportation of petroleum products, coal, gas, limestone or minerals. Land condemned for any liquid pipelines shall: a. Not be less than 50 feet nor more than 100 feet in width; and b. Comply with the provisions of G.S. 62-190(b). The width of land condemned for any natural gas pipelines shall not be more than 100 feet .... (4) Any railroad company has the power of eminent domain for the purposes of: constructing union depots; maintaining, operating, improving or straightening lines or of altering its location; constructing double tracks; constructing and maintaining new yards and terminal facilities or enlarging its yard or terminal facilities; connecting two of its lines already in operation not more than six miles apart; or constructing an industrial siding. § 40A-4. No prior purchase offer necessary. The power to acquire property by condemnation shall not depend on any prior effort to acquire the same property by gift or purchase, nor shall the power to negotiate for the gift or purchase of property be impaired by initiation of condemnation proceedings. A potential condemnor who seeks to acquire property by gift or purchase shall give the owner written notice of the provisions of G.S. 40A-6. (1981, c. 919, s. 1; 1997-270, s. 4.)
STATEMENT FROM CSX January 20, 2016 CSX has learned that the Johnston County Board of Commissioners is having a closed meeting today to address concerns about the proposed Carolina Connector (CCX) intermodal terminal. CSX urges the Commissioners to continue an open dialogue about this economic development opportunity. The project is in day seven of a multi-year process. And, there is much room for continued discussions, refinement and feedback. We encourage the Commissioners to meet with us and to not walk away from jobs for the people of Selma, Micro and Johnston County – including 300 short term construction jobs and 300 more permanent jobs with annual CSX salaries averaging more than $60,000 – as well as critical infrastructure that will expand the reach of existing NC businesses to national and global markets. Our company wants to listen, and we believe that by working with the Commissioners and concerned citizens, we can reach a mutually beneficial accommodation – one that reflects Johnston County’s values and creates economic opportunities. Regrettably, we have not been afforded the opportunity to meet since the announcement. Many inaccuracies are being reported and we would appreciate the opportunity to discuss them. We continue to be confident that we can address landowner and community concerns through an open dialogue, much like we’ve done at our Northwest Ohio terminal and other developments across our network. Just one week has transpired since landowners and the public were informed about this project. During that time we’ve heard from project supporters and concerned citizens. We welcome these conversations and the constructive feedback that will follow. We urge Commissioners to honor the process and allow themselves, the community, and other stakeholders the opportunity to have a thoughtful dialogue about how we can build this terminal in a way that ultimately benefits the County. CSX continues to believe that there is a way to deliver the state, regional and local economic benefits of this critical infrastructure project in a way that respects the interests, addresses the questions and acknowledges the passionate voices of landowners and area residents.
Rouzer pulls initial support for CSX terminal project http://www.wect.com/story/31003783/rouzer-pulls-initial-support-for-csx-terminal-project
And...latest development.... Johnston Co. leaders decide against planned site for CSX hub http://wncn.com/2016/01/20/protesters-mark-johnston-co-meeting-over-csx-hub/
Not that I don't feel sympathy for the land owners, I think that CSX went about this all wrong, but JoCo leaders just made a knee jerk decision about a project that could have transformed economics in eastern NC.
It may be more politics. Oppose it but really have little to prevent it from happening in the long run. Win now for opposition and later win when memories fade by being able to claim the benefit started under their watch.
In my opinion this is a bad move by County Commissioners. 1st to have this a closed door meeting, then to make this decision. 2nd In the end the land owners would have got their money.
