THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, December 14, 1995 TAG: 9512140411
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, Staff writer
LENGTH: Medium: 56 lines
The North Carolina Supreme Court heard arguments Wednesday in a suit challenging the Dare County Board of Education's condemnation of land on Hatteras Island through eminent domain.
The board is seeking to obtain six tracts adjacent to Cape Hatteras School for the construction of new athletic fields. Part of the land would be used for a football/soccer field.
Property owners of the six lots contend that lower courts have erred in their decision, and that the school district has overstepped its authority in taking more land than it needs for the field.
Last spring, the North Carolina Court of Civil Appeals upheld a 1994 Dare County Superior Court verdict in favor of the School Board.
Under North Carolina law, eminent domain is defined as ``the power of the state or some agency authorized by it to take or damage private property upon payment of just compensation.''
The appeals court held that as long as a site needed for construction does not exceed 50 acres, local school boards have discretion in determining what is a suitable and adequate site for new construction.
At the time of the ruling, attorneys for the property owners said the appeals court erred in its application of eminent domain.
``Our view is that the law is clear that the government can only take property that is needed for the construction of its athletic fields,'' attorney Robert O'Donnell said. ``To allow the government to take property in such a way is abhorrent to everything this country stands for.''
The appeals court also dismissed the property owners' contention that the choice of property to be condemned was done in an arbitrary fashion.
The court said the board considered 41 sites, and that, in order to obtain permits for construction on wetlands from the Army Corps of Engineers and the North Carolina Division of Coastal Management, the School Board is required to replace the acre of wetlands lost with the construction of the football/soccer field.
The litigation was discussed at Tuesday night's meeting of the School Board. Board member Fletcher Willey, who is monitoring the case for the board, was optimistic about the outcome. Willey said it could be late spring before the Supreme Court issues its ruling.
``We have reason to be optimistic,'' Willey said. ``Recently the court upheld a similar case in favor of the Catawba County School Board.''
The Supreme Court docket is loaded with death-penalty appeals which are time-sensitive, Willey said. They may delay a ruling in the Cape Hatteras case.
In other action, Virginia Tillett was re-elected to serve another year as chair of the five-member board. Tillett edged Allen Burrus 4-3 for the seat. Donna Buxton was unanimously elected vice chair. by CNB