Town might condemn land

MOUNT PLEASANT — Town Council will exercise its power of eminent domain if its final offer to buy land on the northern side of Shem Creek is rejected.

After an executive session Tuesday whose agenda items included Shem Creek legal and contractual matters, Councilman Joe Bustos made a motion to "authorize a final offer and, if not accepted, pursue final legal action as discussed." The motion passed.

Council members referred questions to Town Attorney Allen Young, who said he could not yet confirm the specifics of the piece of property that council wants to buy because of the ongoing negotiations.

"I've been authorized to make a final offer. I've also been authorized to file a condemnation proceeding," Young said. If the final offer is rejected, the courts will determine fair market value, he said.

Council and Young have been negotiating with developers Mark Mason and Phillip Smith to buy 43 acres on the northern side of Shem Creek. Mason did not return a phone call to his office Tuesday seeking comment.

After an Aug. 14 closed-door session, Council voted unanimously to negotiate to buy the land for public use from Mason and Smith, who want to build a marina and condominiums on the property. An executive session meeting Aug. 19 ended with no public word on the status of the negotiations.

Mason has said condemnation is no advantage to the town because it would still pay fair market value plus legal fees. "If they want it that bad, we'll be able to agree on something. They really haven't come out to threaten that, but it wouldn't be much of a threat," he said when the negotiations began.

Town Administrator Mac Burdette has said condemnation is a last resort.

Town officials have yet to say exactly what they envision for the site, but they have suggested the land would be suitable for a park and marsh boardwalk. The park would be where the developer now plans condominiums at the site of the OK Tire store.

Burdette said the Shem Creek project would be paid for through tax-increment financing.

Mason and Smith have said they plan 24 condominiums and boat slips and a marsh and creekfront boardwalk with a floating fishing pier. Mason has said that appraisals of the property range from $7.9 million to $9.5 million and that he is asking for the appraised value of the land and design work done to date. He said he was ready to begin construction of the condos when the town expressed interest.

Joan Pittman presented council with a petition signed by more than 700 people who are "adamantly opposed" to the developers' plan for the creek because it would clog and further pollute the creek, which is already thick with restaurants, shrimp boats and inns. The petition urges the town to vigorously try to buy the property.

Proponents of the developers' plan argue that the area of Shem Creek just past Vickery's restaurant is an eyesore with its sunken boats and rickety docks. They say the development would restore that side of the creek and allow public access through marsh and creek boardwalks.

Reach Prentiss Findlay at 937-5711 or pfindlay@postand courier.com.