THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, April 19, 1996 TAG: 9604190539
SECTION: LOCAL PAGE: B3 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 52 lines
Three Hatteras Island property owners, whose six soundfront lots were taken by the Dare County Board of Education in an eminent domain action, say the school system owes them between $83,000 and $150,000 per lot.
The board says the lots are worth about $40,000 each.
Today, a Dare County jury of six men and six women will get the case.
At issue is the fair market value of the 5.3 acres in Buxton on the Pamlico Sound. The owners, Elpis Sakaria of Beltsville, Md., and Jack and Lillian Hillman of Chevy Chase, Md., say the school board owes them more than $600,000 for the land it took through a condemnation in 1993.
The North Carolina Supreme Court upheld lower court rulings allowing the school system to take the property through eminent domain. That aspect of the case will be appealed to the U.S. Supreme Court.
In testimony Thursday on behalf of the board, a Wilmington real estate appraiser said five of the lots were worth $40,000 each, while the largest is worth $60,000.
The appraiser, Robert C. Cantwell, said that the lack of easy access to the lots, as well as the lack of utility services, affected the appraised value of the land.
That contradicts the earlier testimony of one of the landowners' witnesses, who said the lots were worth twice that much. Appraiser Norton Byrd testified Wednesday that the largest of the six lots was worth $151,494.
In other testimony Thursday, a Hatteras Island real estate broker and developer, testified that without considerable work, there was little potential for development on the property. Tim Midgett cited access and environmental concerns as major problems.
Under cross-examination by the landowners' attorney, Norm Shearin, Midgett said that development was possible on the land, but that there would be problems.
``This parcel of land is fraught with hazards,'' Midgett said. ``It would take a knowledgeable buyer and a lot of work.''
Asked by school board attorney Brian Howell how much he judged the land to be worth, Midgett replied, ``Not more than $40,000 a lot.''
Howell then asked whether he would have paid $40,000 for each lot at the time of the 1993 taking by the school board. Midgett replied, ``No, sir.''
Superior Court Judge James Ragan III of Bayboro will issue jury instructions at 8:30 a.m. Each side will then have one hour for closing arguments. The jury could begin deliberations by midmorning.
KEYWORDS: TRIAL by CNB