Noisette: What happens now?
foreclosure raises questions about railroad tracks and site's development
By Robert Behre
The possibility that the Noisette Co. could lose 240 acres of its 340-acre site to foreclosure raises fresh questions about the future of the site's railroad tracks and whether the former Charleston Navy Base's northern tip might become more industrial than planned.
Noisette's lenders filed a $23.8 million foreclosure lawsuit, seeking to have a receiver placed in charge until the property can be sold at auction.
The Post and Courier
An aerial view of the Noisette area shows its mix of former Navy housing (in trees), a new park (lower right) and older industrial areas served by rail lines. With the Noisette Co. facing a foreclosure suit, the future of much of this area is less clear.
The company plans to fight the foreclosure and remains hopeful that it can arrange new financing that would allow it to construct its planned mix of high-density residential, retail and office space.
North Charleston Mayor Keith Summey said that's what the city's current zoning allows and what he still expects to be built, regardless of whether Noisette or another company ends up with the land.
Weeks before Noisette's lenders closed in, state lawmakers and other interests began asking if the railroad tracks on the property should remain in the ground and whether they are even owned by the Noisette Co. in the first place.
The Charleston Naval Complex Development Authority filed a lawsuit last month asking a court to decide who owns 13.4 miles of railroad tracks that crisscross on the former base.
The Noisette Co. began removing some lines in March, but the authority and the S.C. Public Railways, an arm of the state Commerce Department, considers the tracks a public utility.
That case originally was to be heard today but has been delayed. Circuit Judge Roger Young is expected to hear the case within the next month.
S.C. Commerce Secretary Joe Taylor released a statement Tuesday saying the foreclosure "may create an opportunity for all parties who have an interest in this site to re-evaluate the options that may exist and determine the best course of action in light of the current economy."
Previous story
Noisette facing foreclosure lawsuit, published 06/09/09
The dispute also trickled into the General Assembly this year, as state Rep. Jim Merrill, R-Daniel Island, proposed legislation that would clarify that if the courts determine the railroad tracks are public, they would be owned by S.C. Public Railways.
The bill ultimately didn't pass, but the idea is not dead. Merrill said state ownership of the railroad tracks would give leverage to those wanting better rail access to the State Ports Authority's new container terminal under construction on the base's southern end.
"The problem, of course, is right now, the only true access to the port is from the southern end; and that's owned by CSX, which hasn't shown any real desire to play nice," Merrill said. "I don't think anybody wants to bring the rail in from the north side of the base, but as far as the rail that exists on the base, somebody has to have standing to deal with it. ... Perhaps we can use that as a bargaining chip to allow Norfolk Southern to cross their (CSX's) lines or utilize their lines further south."
It's unclear if the railroad issue had any effect on the decision by Capmark Finance Inc. and two other lenders to take the foreclosure action against Noisette, but Noisette Chief Executive Officer John Knott said, "The rail situation did not help matters."
State Ports Authority public relations director Byron Miller said the foreclosure suit will have no impact on the port's planned terminal. "The Ports Authority is not engaged in any development of rail from the north or of an intermodal yard from the north."
The Ports Authority struck a deal with the city of North Charleston that prohibits trains from going through the northern end of the old base, but whether the rail lines remain may have more significance to whoever ultimately takes control of the 240 acres involved in the foreclosure suit.
Taylor's statement hinted at that, saying, "The Department of Commerce is certainly interested in looking at any option that will result in long-lasting, good-paying jobs for the people of North Charleston and the surrounding area."
Merrill said the court's ultimate ruling on the railroad tracks will help shape the debate, as will the new State Ports Authority director, who is expected to be hired soon. "Then we can all regroup and move from there," he said.
Gov. Mark Sanford's office has talked with several different sides of the rail dispute and would be willing to bring them together to try to reach a consensus on what should happen next, press secretary Joel Sawyer said. "If there's an appetite among everyone involved for us to take that sort of role, we'd certainly be open to it," he said.
Reach Robert Behre at 937-5771 or rbehre@postandcourier.com.
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Comments
zoomru (anonymous) says...
We highly suggest that the CEO of Kinder Morgan do .....WHAT ??
If I were a worker of Kinder Morgan.........OMG !!!!
Citizens....THINK..!!!!! Who should have done what in the lead up to the ELECTION last November......and did NOTHING..???
Since Robert has not done his JOB, what campaign coffer is a sitting DUCK..??
Hmmm......
June 10, 2009 at 2:22 a.m. ( permalink | suggest removal )
eyecantspel (anonymous) says...
Fill in the Blanks...
Another (1)______ day for North Charleston that everyone saw coming besides people who live in North Charleston. As these (alleged) (2)______ ride out of town with many of your tax dollars (and a little of everyone in the state) they reach out to blame the people who wanted a railroad, the only hot button political issue in NC anyone is willing to address (because crime, jobs, and everything else has been solved). This project has been DOA since NC handed over millions of dollars for the contractor's (3)_____ and kept a few for (4)_______ (allegedly). Enjoy your traffic this a.m. North Charleston, and wonder why your city is not (5)_____ and why you have to drive everyday to Charleston/West Ashley and Mount Pleasant to work. Honorable people would resign over (6)________ such as this, but now is when the real fun begins... the blame game. After that, the refunding of the project. Then, the blame game. Then, the refunding of the project. Le cercle de vie.
I can see the signs now... "Blame the Trains". Its kinda catchy.
Thanks PC for keeping on top of this, printing their (7)______ right before the death, when real estate has needed an obit for a year. I guess Johnny's Used Car Lot closing left you with some extra space to fill today. Shocking to think this could have happened, that is if you read the PC.
1. a. shocking b. sad c. funny
2. a. heros b. scam artist c. comedians
3. a. expert advice b. magic beans c. tools
4. a. themselves b. the homeless c. friends
5. a. fun anymore b. riddled with crack c. safe d. all of the above
6. a. shame b. Glenn Beck c. job growth
7. a. resume b. obit c. ad
Good luck all!!!! Ill be doing a Mad Libs soon, no one steal my idea!!!!
June 10, 2009 at 2:33 a.m. ( permalink | suggest removal )
JAS (anonymous) says...
I missed this on Monday:
http://www.postandcourier.com/news/20...
June 10, 2009 at 6:56 a.m. ( permalink | suggest removal )
zoomru (anonymous) says...
EYE CAN SPEWL.............
BRAVO.......(Clap, clap, clap)
Great comment.......IDEA !!!
You deserve a GOLD Star..... !!!!
Citizens of our fine state.......a fine example of BRAINS at work with a CREATIVE flair....!!!!!
Kudos....
June 10, 2009 at 7:53 a.m. ( permalink | suggest removal )
theronce (anonymous) says...
I'll second that, z. Anyway, NC losing this could be a blessing to the taxpayers...unless NC raises taxes to buy it back.
June 10, 2009 at 8 a.m. ( permalink | suggest removal )
zoomru (anonymous) says...
JAS..........
Great link....but BEWARE.....!!!
The CCL is a political ANIMAL and if NOT Watched closely will spread all sorts of FLEAS....!!!
Citizens.....re-read the article link provided by JAS and ......THINK !! Good points are made; but as with Robert's ink here....WHAT IS NOT being stated in BLACK and WHITE...!!!!! Furthermore....its been HOW MANY Years and Mr. Beach does NOT provide a LINK to Google Earth laying out the plans for North Charleston that would be acceptable to the CCL..??? FOR ALL TO SEE AND REFLECT on...??? His efforts are respected to say the least.
Mr. DANA Beach........Sit back and put on one of your old Led Zeppelin albums like "Houses of the Holy" and Get the Led OUT...!!!!! Are we going to go around the same Mulberry Bush for the Next DECADE.....!?!?! Stop smokin' in the Boyz room with all sorts of LAWYERz....!!!!! We all know your a Jedi-Master with using the FORCE of lawyers at the taxpayerz expense....!!! Its high TIDE and time you went "WOOKIE"...!!!!! You need to grab "Jabba the hut" Summey by the freakin' EAR and do what....!!!!
June 10, 2009 at 8:15 a.m. ( permalink | suggest removal )
timjisland (anonymous) says...
Mr. Beach and his ilk will not be satisfied until the SPA is driven to extinction. Years ago the CCL was the loudest proponent of locating the new container terminal to the old Navy Base. Now Mr. Beach calls for closer studies of truck and rail traffic.
Do your own study at rush hour. At the conflux of I-526 and I-26, (a certified highway engineer designed this?), count trucks vs cars. One truck to every 20 cars? Every 50 cars?
It's not the trucks causing the gridlock.
June 10, 2009 at 8:32 a.m. ( permalink | suggest removal )
zoomru (anonymous) says...
Tim on James Island...............
WELCOME TO THE FRONT...........of taxpayer AWARENESS.
Tim......get saddled up to ride ....buckaroo !!!!
Feel free to review what all veteran taxpayerz on the front already know.
1) We all have trash....... EDUCATE yourself at www.startech.net
2) WE ALL HAVE WIND.... EDUCATE yourself at www.selsam.com and read up about our GE workers in Greenville sending Wind Turbines all over the WORLD
3) We have ALGAE Bio-Diesel.... EDUCATE yourself at www.valcent.net
4) ....and considering you are interested in GRIDLOCK.... EDUCATE yourself at www.unimodal.com !!!! This company is partnering with NASA at Moffett Field...!!! This system will use PUBLIC easement already paid for by TAXPAYERS like You and I. This systme will pay for itself because it would replace school busing ...CARTA....and help with package delivery between 2 and 5 AM in the morning.
These four points reduce ......WHAT ???
TIM..........welcome !!
...remember "Its the ENERGY...STUPID" to confront ALL elected officials...!!!
June 10, 2009 at 8:54 a.m. ( permalink | suggest removal )
TRODI (anonymous) says...
Exactly what ive been saying for years tim.
June 10, 2009 at 9:15 a.m. ( permalink | suggest removal )
icbmman (anonymous) says...
It is apparent that Dana Beach and his collection of morons at the CCL have gained WAY too much influence and power with development in the Chas area. The old Navy base was supposed to be the substitute for the Global Gateway terminal, and it was supposed to blend with Noisette's plans.
Now, you have these idiots undermining practically every one of these major projects in the industrial area of the Neck and the lower portion of the north city.
I think you bring up a great point about Beach and the CCL, timjisland, but I think it goes deeper than that. I'm starting to think that the CCL wants to drive growth and development throughout the metro area of Chas into extinction.
June 10, 2009 at 10:07 a.m. ( permalink | suggest removal )
BigDukeSix (anonymous) says...
I know John L. Knott, Jr., and he's worked for YEARS on this project making very little money. He's done it because he believes in the inherent goodness of people, and believes the issue of sustainability matters. Regardless of what the P&C reports, those of us who know John know him to be an earnest, hard-working, do-well-by-doing-good soul.
June 10, 2009 at 10:38 a.m. ( permalink | suggest removal )
Luna (anonymous) says...
There is a middle ground....we just have to compromise.
We HAVE to have a rail system if we are going to compete with Savannah and other ports.
We also need to protect our beautiful coast (=tourists=money). But all this peeing on bushes to mark territory is getting old and our legislators have no forward thinking vision for this state.
Nothing is about right now, they should be planning for 1 - 5 - 7 - 10 - 20 years out. Having a strategic plan for growth and business development with an eye on our environmental impact.
June 10, 2009 at 11:06 a.m. ( permalink | suggest removal )
PatHarine (anonymous) says...
It is good to see that we have real leaders in the house. If Merrill keeps this up, he is going to find himself in the Governor's seat. Politics is not all fun and games. I like the idea of him pitting one giant against another. Why should CSX have a monopoly? It just doesn't make any sense to me. Merrill for Governor, we couldn't do any worse than we have been doing the last few years.
June 10, 2009 at 11:21 a.m. ( permalink | suggest removal )
parkingpimp (anonymous) says...
Hey BigDukeSix. Not judging, but if Mr. Knott is soooo into this project in NC, and not making very much money, then why does he live on Broad Street in downtown beautiful Charleston? Lead by example.
June 10, 2009 at 11:23 a.m. ( permalink | suggest removal )
bigwhip (anonymous) says...
This was coming ever since the ink dried on the Noisette contracts.
June 10, 2009 at 12:45 p.m. ( permalink | suggest removal )
Numba10 (anonymous) says...
Time for a new NC mayor-----one that is interested in all of NC and not just in annexing more land----NC is large enough as is---NC cant manage what it has control over now----9 yrs and still limited developement at the old shipyard---the mayor should have been on this long ago to push its developement
June 10, 2009 at 2:44 p.m. ( permalink | suggest removal )
zoomru (anonymous) says...
bigwhip..........
....and ALL editors of what state newspapers need to have your vision...???
June 10, 2009 at 3:12 p.m. ( permalink | suggest removal )
Tillman (anonymous) says...
Dont believe everything you read in a "news" article that is speculative. Our city is very smart in that it has reaped millions from old base property sales, real estate taxes, new business taxes. No Taxpayer money hasnt been paid or lost.
The politicians are doing what politics is, that is Giving out stuff. In this case, something is being done for Norfolk southern and passed off as good for job, competition, and the greater good of the state economy.
Most of us have invested in this area based on the plans we saw and the Mayors very clear agreement with the State (ports) that long trains of containers wouldnt becoming through the middle of our area.
June 10, 2009 at 3:45 p.m. ( permalink | suggest removal )
CNSYD (anonymous) says...
Tillman, go look again at the movie "My Cousin Vinny" and watch the scenes about trains coming thru town at night. That is the same type dialogue NC fell for.
June 10, 2009 at 3:56 p.m. ( permalink | suggest removal )
Numba10 (anonymous) says...
Tillman----so you prefer long trains of tractor trailers spewing diesel?
June 10, 2009 at 4:11 p.m. ( permalink | suggest removal )
TRODI (anonymous) says...
Mr.beach makes a living doing this he has to find a cause to keep his existence.
June 10, 2009 at 4:17 p.m. ( permalink | suggest removal )
JohnS (anonymous) says...
The State should have been offered the land deal back in 1995.I don't understand how the City turned over the land to a project company that was broke from the get go.
June 10, 2009 at 4:24 p.m. ( permalink | suggest removal )
firemike (anonymous) says...
I was told by several Noisette employees that their company was straight up broke! I mean really broke! Because of this they can't fix their life safety problems (sprinklers and extinguishers). They're irresponsible and dangerous people. Turn the property over to another company before someone is killed by their irresponsibility. Period!
June 10, 2009 at 9:51 p.m. ( permalink | suggest removal )
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