Piedmont Triad Regional Water Authority v. Sumner Hills Inc.

524 S.E.2d 375, 136 N.C. App. 425, 2000 N.C. App. LEXIS 7
CourtCourt of Appeals of North Carolina
DecidedJanuary 18, 2000
DocketNo. COA98-1610
StatusPublished
Cited by1 cases

This text of 524 S.E.2d 375 (Piedmont Triad Regional Water Authority v. Sumner Hills Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Piedmont Triad Regional Water Authority v. Sumner Hills Inc., 524 S.E.2d 375, 136 N.C. App. 425, 2000 N.C. App. LEXIS 7 (N.C. Ct. App. 2000).

Opinion

LEWIS, Judge.

This case arises from the exercise of the power of eminent domain by plaintiff, Piedmont Triad Regional Water Authority (“Authority”). Plaintiff appeals from an order limiting its decision to condemn an entire 145-acre tract of land owned by defendant Sumner Hills Incorporated (“Sumner Hills”). It has been stipulated that defendant Denmark Golf Services, the lessee of the property, has no interest in the issues raised on appeal.

Plaintiff is a public authority organized under N.C. Gen. Stat. § 162A-3.1, which has been granted the power of eminent domain pursuant to N.C. Gen. Stat. § 162A-6. The Authority is constructing a water supply lake, known as the Randleman Dam and Lake Water Supply Project (“Project”), in Guilford and Randolph Counties. Sumner Hills is the owner of a 145-acre tract located at Hickory Creek Road, Sumner Township, Guilford County (“Property”), and has used the Property for over twenty years as an eighteen-hole golf course. A portion of the Property is bordered by Reddick Creek, which feeds into the Randleman Dam Lake. The Authority sought to condemn the entire Property for construction of the water supply lake associated with the Project.

Since it could not obtain the property by negotiated conveyance, by resolution dated 7 October 1997, the Authority instituted a proceeding under Chapter 40A of the North Carolina General Statutes to condemn the entire Property. The Authority made the following determinations in its Resolution which purported to justify a taking of the entire 145 acres:

[427]*427(a) a partial taking of the above-described land would substantially destroy the economic value or utility of the remainder; or that
(b) an economy in the expenditure of public funds will be promoted by taking the entire parcel; or that
(c) the interest of the public will be best served by acquiring the entire parcel.

On 24 February 1998, the Authority filed a Complaint, Declaration of Taking and Notice of Deposit undér N.C. Gen. Stat. § 40A-41 in Guilford County Superior Court against defendants and a Memorandum of Action pursuant to section 40A-43. The Memorandum of Action included that the public purpose of the taking was “to protect the public health, to provide the public with an adequate and sound public water supply and to meet the public water supply needs of the jurisdictions served by the plaintiff, specifically the construction of the [Project].” In its answer, Sumner Hills alleged that only a portion of the Property was actually required for public use, and that the Authority should be required to condemn only that portion of the Property required for the stated public purpose. Because an issue other than just compensation existed, specifically the amount of land that could be condemned, the Authority then sought a judicial determination as to the amount of land it could acquire pursuant to N.C. Gen. Stat. § 40A-47.

After a hearing the trial court entered an order on 26 October 1998 determining that the Authority lacked the power to condemn the entire tract of Property under section 40A-7, and instead was authorized to condemn only 48 acres of the 145-acre tract. The Authority appeals from this order.

Chapter 40A of the North Carolina General Statutes provides the exclusive condemnation procedures to be used by all local public condemnors. N.C. Gen. Stat. § 40A-1 (1984). As an authority created under the provisions of Article 1 of Chapter 162A, the Authority here constitutes a public condemnor within the meaning of Chapter 40A. N.C. Gen. Stat. § 40A-3(c)(8) (1984). Authorities given the power of eminent domain may take property only for a public purpose. City of Charlotte v. Cook, 348 N.C. 222, 225, 498 S.E.2d 605, 607-08 (1998). Once the public purpose is established, the question of the extent of such a taking is left to the discretion of the Authority. City of Burlington v. Isley Place Condominium Assn., 105 N.C. App. 713, [428]*428714, 414 S.E.2d 385, 386 (1992). Section 40A-7 sets forth the guidelines the Authority must follow in order to determine the extent of the Property it may condemn within its discretion. So long as the Authority has followed these statutory guidelines, the Authority’s decision to condemn a parcel of land is subject to an abuse of discretion standard. City of Charlotte, 348 N.C. at 225, 498 S.E.2d at 608. On appeal, the parties raise an issue of first impression regarding the proper construction of section 40A-7 and an issue as to whether sufficient evidence was before the trial court to make a determination under section 40A-7.

The relevant portions of section 40A-7 are as follows:

(a) When the proposed project requires condemnation of only a portion of a parcel of land leaving a remainder of such shape, size or condition that it is of little value, a condemnor may acquire the entire parcel by purchase or condemnation. If the remainder is to be condemned the petition filed under the provisions of G.S. 40A-20 or the complaint filed under the provisions of G.S. 40A-41 shall include: '
(1) A determination by the condemnor that a partial taking of the land would substantially destroy the economic value or utility of the remainder; or
(2) A determination by the condemnor that an economy in the expenditure of public funds will be promoted by taking the entire parcel; or
(3) A determination by the condemnor that the interest of the public will be best served by acquiring the entire parcel.

When interpreting the meaning of a statute, we must look to the language of the statute itself. Sara Lee Corporation v. Carter, 351 N.C. 27, 35, 519 S.E.2d 308, 313 (1999). When a public condemnor wishes to condemn an entire parcel of land, even though the project clearly does not necessitate acquisition of the entire parcel, it must meet the requirements of section 40A-7. This section sets forth three determinations in subsections (1), (2) and (3), one of which must be met to authorize the Authority’s condemnation of the entire parcel.

In construing this section, the trial court treated the “of little value” language in section 40A-7(a) as á threshold determination [429]*429which must be met before consideration of the requirements in subsections (1), (2) and (3). The court therefore made a determination as to whether the purportedly remaining parcel was of “such shape, size or condition that it is of little value [such that] a condemnor may acquire the entire parcel by purchase or condemnation” before it reached consideration of subsections (1), (2) and (3). In its complaint, however, the Authority did not treat the “of little value” language in section 40A-7(a) as a threshold determination. It made its first inquiry the consideration of the three provisions listed under that section. We agree with the Authority’s construction of section 40A-7, in that the “of little value” language in section 40A-7(a) does not establish a threshold determination, making consideration of subsections (1), (2) and (3) the first inquiry under that section.

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Related

Piedmont Triad Regional Water Authority v. Sumner Hills Inc.
543 S.E.2d 844 (Supreme Court of North Carolina, 2001)

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Bluebook (online)
524 S.E.2d 375, 136 N.C. App. 425, 2000 N.C. App. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piedmont-triad-regional-water-authority-v-sumner-hills-inc-ncctapp-2000.