IS IT REALLY TRESPASSING?
Property Owner Asking
For Damages From Water Line Project
BY TERRY POPE
Some subdivisions have such
narrow sir eel rights of way thai the
county is forced to bury water lines
across private property.
Some residents say it's trespass
ing.
One property owner on the Hold
en Beach causeway has asked the
county for 55,000 in damages.
County officials say the state's
eminent domain laws allow local
governments to legally encroach on
private property to bury public utili
ty lines, with or without the owner's
permission.
Michael Ramos, attorney for the
Brunswick County Utility Opera
tions Board, which oversees county
water expansion projects, said the
county quit getting easements from
property owners to run water lines
along narrow streets because of
mounting legal expenses.
The last such easements were ob
tained in Special Assessment Dis
trict 3. Since then, there have been
10 or more county SAD projects
completed or are now under con
s true lion.
SADs arc areas where residents
are assessed the cost of running wa
ter lines into their neighborhoods
off of the county's main distribution
lines.
Ramos believes the law gives
counties the right to bury public wa
ter lines on private property without
the owner's permission as long as
no damage is caused.
"I did research on it," Ramos
said. "It comes to a point where the
only remedy the property owner has
is to sue for damages."
The issue is most often raised
when water lines must be installed
in subdivisions with streets that
have not been dedicated to the
county. Often, the streets are in
some of the county's oldest subdivi
sions and have such narrow rights
of way that the lines must be buried
across someone's property.
County Attorney David Clcgg
said the county installs all of its wa
ter lines along rights of way of ei
ther state or public roads. If a prop
erty owner has deeded a street as
" Brunswick County has always taken a
very restrictive view of the use of
eminent domain, unlike some areas "
? David Clegg,
County Attorney
private, the county must first obtain
an easement, he said.
"Brunswick County has always
taken a very restrictive view of the
use of eminent domain," said Clegg,
"unlike some areas."
An inverse condemnation law
does allow property owners to ask
for damages from counties that bury
public utilities across private prop
erty. However, it's difficult for a
property owner to argue that instal
lation of a water or sewer line has
damaged rather than increased the
price of a lot, said Clegg.
"It (law) puts the burden on the
person who claims the road is
theirs," said Ramos, "to comc for
ward and to show, by way of an ap
praisal, that damage has been
done."
SAD 3 cost the county $9,500 in
legal fees alone. Most of the cost
was to obtain easements from all
property owners on narrow streets
that are not state-maintained.
"It's loo much of a burden,"
Ramos said. "If you don't get ev
erybody's permission, then you
might as well get no one's permis
sion."
Fighting Back
Stuart Belton of Holiday Haven,
a subdivision included in SAD 7,
claims his property sustained dam
age when the county buried water
lines along a right of way there
without his permission. He has
asked for $5,000.
UOB members say they want
proof of damages and have asked
Belton to submit an appraisal of his
property.
"I wouldn't pay him a dime,"
said UOB member D.V. Jones. "If
you're going to set a precedent,
you're going to open up trouble."
Lots in Holiday Haven are deed
ed to individual landowners, but the
streets have not been dedicated to
the county. A property owners asso
ciation maintains the streets, said
Jerry Webb, Brunswick County di
rector of public utilities.
When asked if the county had
trespassed to bury the line at Holi
day Haven, Clegg responded,
"We're running down rights of
way."
Bids on water expansion projects
are awarded to private firms. The
county must give final approval to a
project before the company gets
paid for a job. Contractors, who arc
held responsible for damages to
driveways, fences or other private
property, must make all necessary
repairs before Final approval is
granted.
"We try to put the roads back just
like we found them," said Webb.
"That's just good business."
Ramos said the county knew the
roads in Holiday Haven were not
dedicated to the county when it in
stalled the water lines.
Three or four other subdivisions
have fallen under the same situa
tion, added Jones.
"That's so way out," said Jones,
referring to Belton's claim that the
county had trespassed. "Holiday
Haven has been there for years.
Everybody's using the roads. It's
been on the tax maps for years."
An appraisal should determine
the true extent of damages, said Bob
Nubcl, UOB member.
"If it's now worth less, you have
a claim against the county," Nubel
said. "If there's no loss in the value,
you have nothing."
Budget Hearing Set
(Continued From Page 1-A)
conservative as possible with the
budget."
Merit Pay
Commissioners are to decide at
their June 3 meeting whether to
adopt an employee policy that
would award merit pay for workers
who score superior or above expect
ed on job evaluations.
District 4 Commissioner Frankie
Rabon said he favors an across the
board pay increase for employees
rather than merit pay. An increase in
insurance deductibles, from SI 00 to
5200, to help the county save mon
ey is "going to be a burden to all
employees," Rabon said.
School children have also been
sending him cards and letters asking
for longer hours for the county li
braries, Rabon said.
"I don't think the children of
Brunswick County are getting the
full use of the libraries," said Rabon.
He said that if the library system
were to receive additional county
funds, it should be under the stipu
lation that the libraries would agree
to stay open until 9 p.m. or 10 p.m.
When the county asked State
Rep. David Redwine to file a bill
that would allow the county to
charge a parcel fee for solid waste
disposal, other counties took note,
said Clegg.
The county's solid waste budget
of SI. 2 million is dependent on ei
ther the collection of tipping fees
from commercial haulers that dump
at the Supply landfill or the collec
THE BdUNSWIOffeRACON
Established Nov. 1, 1962
Telephone 754-6890
Published Every Thursday
At 4709 Main Street
Shallotte, N.C. 28459
SUBSCRIPTION RATES
IN BRUNSWICK COUNTY
One Year $10.30
Six Months $5.50
ELSEWHERE M NORTH CAROLINA
One Year $14.80
Six Months $7.85
ELSEWHERE IN U.SJL
One Year $15.95
Six Months $8.35
Second class postage paid at the
Post Office in Shallotte, N.C.
28459. USPS 777-780.
lion of a parcel fee charged to all
property owners. Special legislation
would have to be approved allowing
parcel fees in Brunswick County.
Enough counties have become in
terested that a state bill may pass in
stead of local legislation, Clegg said.
"Either way, it will benefit us
greatly and give us that flexibility
that we're looking for," said Clegg.
Under the proposed budget, SI. 2
million will be allocated to the solid
waste department, up from SI. 02
million last year. Increases were al
so made to the Brunswick County
Sheriff's Department, from SI. 83
million toSl.85 million.
The county jail allocation will al
so increase from S456.120 to
$565,866. Emergency Medical Ser
vices, which did not exist last year,
will receive S594.247 next fiscal
year. Of that amount, S207.000 will
be used to purchase two rescue ve
hicles and $218,272 in salaries for
its director, Doug Ledgett, and em
ergency medical technicians.
The Parks and Recreation budget
has been cut, from $889,464 to
$763,402.
Budget Features
The budget also includes the fol
lowing allocations: fire departments,
S256.500; fire district allocations,
$250,000; rescue squads, $135,0000;
Ocean Isle Airport, $15,000, Bruns
wick County Airport, $52,034; artifi
cial reef program, $25,000; Bruns
wick County Law Enforcement,
SI, 000; chambers of commerce,
$60,000; welcome center, $60,000;
senior citizen district allocations,
$25,000, 5th District Civic Center,
$5,000; Brunswick Challenge Com
mittee, $6,000, Literacy Council,
$1,500, Volunteer and Information
Center, $15,000,
Also, Southeastern Sickle Cell,
$3,000, Brunswick Adult Day Care,
$5,000, Hope Harbor Home,
$15,000; Senior Games, $3,000,
Special Olympics, $3,000; Bruns
wick County Library, $125,000, Le
land Library, $30,000, American
Legion Baseball, $5,000; Brunswick
Arts Council, $1,250, South port
Maritime Museum, $10,000, Miss
Brunswick County Pageant, $2,000;
WHQR Public Radio. $1,000, Bruns
wick Amateur Radio, SI, 000; Lower
Cape Fear Hospice, $2,500, and
Hospital Hospitality House, $1,000.
HOW TO SUBSCRIBE TO
: THE BRUNSWICKfRACON i
I POST OFFICE BOX 2558
j SHALLOTTE, NORTH CAROLINA 28459
j ANNUAL SUBSCRIPTION RATES BY MAIL: Sr. Cttfawn
I In Brunswick County Q6.30 05.30
N.C. Sales Tax .32 .27
Postage Charge 3.68 3.68
I TOTAL 10.30 9.25
Elsewhere in North Carolina 06.30 ?5.30
N.C. Sales Tax .32 .27
Postage Charge 8.18 8.18
TOTAL 14.80 13.75
Outside North Carolina Q6.30 05.30
Postage Charge 9.65 9.65
TOTAL 15.95 14.95
Complete And Return To Above Address
Name
Address .
City, State
Zip
L I
ROAD
CLOSED
STAFF PHOTO BY TERRY POPE
A ROAD CREW removes a barricade at the north end of the bypass last Wednesday, clearing the way
for the first wave of traffic on the five-mile stretch.
Bypass Didn't Come Easily
BY SUSAN USHER
Newcomers to the South Bruns
wick Islands area may welcome the
respite from heavy traffic provided
by the new Shalloue bypass, but
wonder what all the fuss is about.
For many local residents, howev
er, the bypass is a long-awaited real
ity, literally a dream come true.
And for some local officials and
community leaders, its completion
is a testimony to bull-doggish per
sistence and political acumen.
"It's something I thought 1 would
never see in my lifetime," Shalloue
Mayor Sarah Tripp commented af
ter a recent Shalloue Town Council
meeung, echoing a sentiment com
mon among townspeople.
The bypass and related improve
ment of U.S. 17 to the South Caro
lina line were first proposed in the
early 1960s, showing up as propos
ed routes on official maps and other
documents.
But, after the purchase of only a
few key segments of right-of-way
along the route west and south of
town, the project soon fell by the
wayside, in part due to local fears
thai the bypass would harm down
town businesses.
But by the early 1980s, many lo
cal business people came to believe
just the opposite. They argued that
the bypass was the key to relieving
serious traffic congestion they be
lieved was stifling downtown Shal
loue and its traditional role as an
area trading center.
The symptoms were classical:
difficulty making left turns; greater
than-average minor traffic acci
dents; grumpy motorists in long
lines of vehicles backed up north of
town each holiday weekend and
most Friday evenings in mid-sum
mer, and the springing up of shop
ping areas outside of Shalloue, clos
er to the South Brunswick Islands
beach communities.
Shalloue town officials and the
South Brunswick Islands Chamber
of Commerce took leadership roles
in renewing interest in the bypass
project and pushing for its early
completion.
In the fall of 1983 then Rep. Tom
B. Rabon Jr. announced the return
of the bypass and other Highway 17
improvements to the state's Trans
portation Improvement Program.
But he told Brunswick County
residents in a September 1983 inter
view with The Brunswick Beacon
that while the four-laning of U.S. 17
through the county was back in the
TIP, its status was fragile. He said it
could easily disappear again from
the 10-year plan, as it had before.
"My word of advice to Bruns
wick County residents is when the
gubernatorial candidates come woo
ing you is lo ask flat out what their
position is on Highway 17. If they
aren't behind it, get yourself another
candidate," was his blunt recom
mendation.
Anything less than full support
shouldn't be good enough because,
he continued, "We've been on the
back burner long enough."
Area residents took his word to
heart, and in future years won from
at least three gubernatorial candi
dates ? Robert Jordan (Democrat),
Rufus Edmisten (Democrat) and
James Martin (Republican)? pled
ges of commitment to the project.
Martin's administration ended up
in the position to deliver ? and last
week, did just that with the opening
of the bypass to traffic in time for
the Memorial Day holiday week
end.
Landscaping and other refine
ments will continue along the by
pass, with its final completion date
in August.
In January 1992 a regional rest
area/visitor information center is to
open at the intersection of N.C. 130
and the bypass. It will be operated
by and as the not-for-profit South
eastern Welcome Center, Inc. in co
operation with DOT.
Meanwhile, work continues on
schedule for the four-laning of U.S.
17 from Bell Swamp to the South
Carolina state line. Last week, with
no fanfare, a short section of the
new highway opened to traffic be
tween the N.C. 211 intersection at
Supply and Bolivia
A Brief Chronology
Here's a brief summary of the lat
est push for the bypass:
September 1982 ? A corridor
study commissioned by the state
lists the Shalloue bypass as the top
No. 1 priority on U.S. 17 of projects
not already included in the stale's
10-year Transportation Improve
ment Program (TIP). Projected cost:
$9.7 million.
November 1983 ? Four-laning of
U.S. 17 from Supply to the South
Carolina line is restored to the TIP,
partly due to the efforts of Rep.
Tom B. Rabon Jr. But the bypass is
to be the last, not first, portion of
work completed.
Summer 1984 ? The Brunswick
County Board of Commissioners,
the towns of Holden Beach, Ocean
Isle Beach, Sunset Beach, Shalloue
and Calabash, and the South Bruns
wick Islands Chamber of Com
merce adopt resolutions urging con
struction of the bypass "as soon as
possible".
1984-1985 ? Shalloue officials
push for assistance in dealing with
Shallotte's "traffic situation" on
U.S. 17 and push for speed-up of
construction of the bypass.
December 1984 ? Bypass is sep
arated from rest of U.S. 17-Bruns
wick County projects in the TIP,
and worked speeded up after strong
push by Mayor Beamon Hewett and
other Shalloue area leaders. Right
of-way acquistion is to resume in
1987, construction to begin in 1988.
October 1987? The N.C. Board
of Transportation awards a SI. 5
million contract to Vecellio & Gro
gan Inc. of Beckley, W.Va., for
grading and drainage work on 2.3
miles of the bypass from west of
S.R. 1316 to west of S.R. 1348.
July 1988? The N.C. Board of
Transportation award a SI. 4 million
contract to BMCO Construction
Inc. for grading a 2.5-mile section
from weset of S.R. 1348 to east of
S.R. 1136.
December 1989 ? The N.C.
Board of Transportation awards a
S3.9 million contract to Propst Con
struction Co. of Concord to pave the
4.8-mile bypass, with work to begin
in spring 1990 for completion by
August 1991. As urged by the South
Brunswick Islands Chamber of
Commerce, the contract includes a
penalty for not opening the bypass
to at least limited traffic by Memor
ial Day weekend.
Summer 1990 ? In response to
public concerns, DOT agrees to add
stoplight at N.C. 130 intersection
near West Brunswick High School.
October 1990 ? Groundbreaking
ceremony held for the Southeastern
Welcome Center Inc.
November 1990 ? The N.C.
Board of Transportation awards a
SI. 2 million contract to BMCO
Construction Inc. for construction of
a 1 ,400 square-foot welcome center,
the Southeastern Welcome Center,
and an adjacent 1,000-square-foot
rest area facility.
May 22, 1991 ? Shallotte bypass
officially opens to traffic.
Open At Last
(Continued From Page 1-A)
Over the next six months, Bow
ers said the state plans to award
contracts for the four-laning of 23
miles of U.S. 17 from Supply to the
South Carolina state line. Bids will
be advertised in July.
Local law enforcement officers
were glad to see the bypass open
and they think it will cut down on
traffic accidents in Shallotte.
"Welcome to a quieter and more
gentle Shallotte," one sheriff's de
puty told a fellow officer over the
scanner just hours after the road
opened last Wednesday.
Summertime
Weather
Lingers
Summcrlikc weather is expected
to continue across the South Bruns
wick Islands over the next few days,
with higher than usual temperatures.
Shallottc Point meteorologist
Jackson Canady said the forecast
calls for temperatures ranging from
the upper 60s at night into the upper
80s during the daytime, with about
one-half inch of rainfall.
"Summertime's here, it looks
like," he said.
For the period of May 21 through
27, he recorded a maximum high of
89 degrees, which occurred on the
27th, and a minimum nightly low of
64 degrees, which occurred on three
consccutive nights, May 21, 22 and
23.
An average daily high of 84 de
grees combined with an average
nightly low of 67 degrees for a daily
average temperature of 75 degrees.
Canady said that is approximately
two degrees above average for this
time of year.
He recorded .55 inch of rainfall at
his residence.
Birds
Stolen
In Break-In
(Continued From Page 1-A)
a.m. Sunday by cutting through a
bar and lock that held a steel gate
closed.
The burglar also used a pry bar to
damage a lock and to pry open a
shelter door, Hewett reported, to
gain entry to where the birds were
housed.
Following the raid at Belville's
Town and Country Motel in April,
county workers converted a live
stock storage bam into an aviary
and holding shelter for the birds.
Animal control officers also
seized 13 Pekingese dogs, five mice
and four cats from Boney's two-sto
ry apartment at the motel. The ani
mals were allegedly living in unsan
itary conditions and in need of vet
erinarian care.
Boney, 48, was charged with 15
counts of cruelty to animals and 14
counts of failing to vaccinate dogs
and cats following an investigation
by District Attorney Rex Gore's of
fice.
Since Boney had already signed
ownership of all of the animals over
to Brunswick County, the loss of
evidence will not affect the state's
case against him, said Ms. Babson.
She anticipates a plea agreement
will be accepted in the case, which
was scheduled to go to trial in
Brunswick County District Court on
Wednesday, May 29.
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Hwy. 17 N.. Shallotte ? M-F 8:30-7:30, Sat. 9-4