North Charleston considers eminent domain

North Charleston may resort to the power of eminent domain to gain control of several properties near Rivers Avenue needed to build a new Chicora Elementary School.

Several of the landowners said they don't want to sell, contending that the city's offers are too low.

"I'm not angry," said Len Franks, one of the property owners. But "I don't expect them to steal it, and I think that's what they want to do."

The city is pursuing the sites as part of a planned property switch with the Charleston County School District.

As envisioned, the city would acquire about 3.7 acres of land adjacent the Military Magnet Academy and give it to the district. In return, the district will swap the current Chicora site on Success Street back to the city.

North Charleston would then develop the area with a mix of senior and affordable housing. Property owners at six of the parcels have agreed to the sale, but five have declined and another did not respond.

To make the deal work, city officials said they may resort to using eminent domain, the process of a government getting control of private land necessary to a sustain a public benefit effort.

It meets South Carolina's legal requirements because the effort would serve the public purpose of education and public use by the school district, City Councilman Kurt Taylor said.

"Most importantly, this plan calls for replacing a blighting neighborhood influence (a densely developed mobile home park comprised of old and dilapidated homes) with a desired amenity (a newly built elementary school)," city documents said.

The land being targeted by the city is on Orvid and Success streets, Carner Avenue, Rivers Avenue and Ivory Avenue.

City Council's Committee of the Whole agreed Thursday to start moving with the eminent domain process, but that doesn't mean it will use it. The city will continue to negotiate with the land owners, Taylor said.

Franks said he was offered about $459,000 for his land, which he contends is low. He said he needs about $1.4 million to make him whole for the value and lost rental property he's losing.

The site includes six apartments, two houses and an 18-home trailer park, he said.

Councilman Bob King voted against the eminent domain effort, saying he wanted to see appraisals first.