Land Acquisition Falls Lake Project

LAND ACQUISITION

FALLS LAKE PROJECT

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U.S. ARMY ENGINEER.. DISTRICT, SAVANNAH CORPS OF ENGINEERS SAVANNAH, GEORGIA MAY 1972

DEPARTMENT OF THE ARMY SAVANNAH DISTRICT. CORPS OF ENGINEERS P.O. BOX 889 SAVANNAH. GEORGIA 31402

IN REPLY REFER TO

AN OPEN LETTER TO THOSE PERSONS INTERESTED IN OR AFFECTED BY THE FALLS LAKE PROJECT, NORTHCAROLINA

The U.S. Army Corps of Engineers as directed by Congress has responsibility for execution of approved river development and flood control projects, The Falls Lake Project is one of those projects for which the Corps of Engineers is responsible. The benefits from this project are flood control, water quality downstream,.wa~er supply for muni~ipal and industrial use ,' and recreation and wildlfre 'enhance ment. The most immediate benefit to be realized is a dependable water supply for the City of Raleigh and those areas around Raleigh to which the City furnishes water for municipal and industrial purposes.

The law authorizing the Falls Lake Project is in some instances different from previous projects. One of the main differences is that the State of North Carolina will participate in the costs of land and development required for recreational purposes and will manage the Lake and fringe lands for recreational and wildlife purposes. The City of Raleigh will participate in the costs of the construction necessary to impound water for municipal and industrial purposes,

The Savannah District, Corps of Engineers; has real estate acqui sition responsibility for the project. Construction of the dam and operation of the project, after construction, are the responsibility of the Wilmington Engineer District. The acquisition of land for the project is of immediate concern - to those landowners being affected. For this reason this pamphlet has been prepared, The method and procedures are established by laws and regulations, and the Corps of Engineers' personnel are directed to strive earnestly to acquire in a fair and equitable manner the lands necessary for the project, The information contained herein is based on laws and regulations which are designed to protect both the property owner and the United States Government .

This pamphlet provides general information on some of the most common questions concerning purchase of land in the Falls Lake area. The answers are not all-inclusive as there will be many questions which concern individual properties. It is the policy of the Corps of Engineers to have a sympathetic understanding of the problems which will necessarily arise as a result of the construction of this project, and to render any possible assist ance to affected landowners insofar as permitted by existing laws and regulations.

When questions concerning the acquisition of property or any matters related thereto arise, please feel free to discuss them with the Government project personnel. Th s ;,rthe only way to obtain accu- rate information on a timely basis. / �:;;;;_..... 14._

April 1972 HOWARD L. STROHECKER Colonel, Corps of Engineers District Engineer

2 FALLS LAKE PROJECT NEUSE RIVER, NORTH CAROLINA PLAN VIEWS

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Conduit Conduit Area

Area

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Outlet

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------

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------

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------

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------

STRUCTURES

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------

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------

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FALLS LAKE PROJECT NEUSE RIVER, NORTHCAROLINA ACQUISITION OF REAL ESTATE

INTRODUCTION

The purpose of this pamphlet is to furnish as much information as is available at the present time concernin~ land acquisition for the Falls

Lake Project, and particularly to inform those whose lands will be affected and the affected communities about the project.

Public Law 89-298, enacted by the 89th Congress on October 27, 1965, authorized the comprehensive development of the Falls Lake Project substan tially in accordance with the recommendations of House Document No. 175 - ,

89th Congress, at an estimated cost exceeding $18,000,000. Section 4 of the

Flood Control Act of 1944, as amended in 1946, 1954 and 1962, provides basic legislation for the overall plan of development and utilization of the Neuse River.

As recommended by the United States Army Chief of Engineers, the major project purposes include flood control, water supply for municipal and industrial use, water for additional irrigation, increased flow for water quality control in conjunction with sewage treatment, and water . areas for recreation and fish and wildlife enhancement.

The policy of the Department of the Army, governing the acquisition of land for reservoir projects, is published in 31 Federal Register 9108 dated

2 July 1966. The current policy is to acquire only adequate interests in lands necessary and sufficient for the realization of optimum project objectives.

1 The Falls dam site is located on the Neuse River in Wake County,

near the village of Falls, North Carolina, and at river -mile 189 above

New Bern, The dam site is in the upper part of the Neuse River Basin, approx

imately 10 miles north of Raleigh and 17 miles east-southeast of Durham. The

project area as a whole lies along a 22 mile axis beginning at the dam site

and ending 8 miles north of Durham. About one-half of the project area is in

Wake County, three-eighths in Durham County, and one-eighth in Granville County.

The dam site will be earth fill with a height of 91,5 feet and an overall length of 1,915 feet.

Construction of the project will require some relocation of highways,

railroads, telephone lines, power lines and other utilities, as well as ceme

teries. Plans are now being developed for all of these relocations which will

be completed before waters are impounded in the lake .

A Resident Engineer's Office for construction will be established

near the dam site . The construction phase will be under the direction of the

District Engineer, Wilmington District, U, S. Army Corps of Engineers.

GENERALLAND ARFA

It is estimated a total of approximately 42,259 acres of land will

be required for the project . Beginning at the site of the dam, acquisition of

land will normally proceed upstream to the extremity of the reservoir. · There may be instances, however, because of urgent construction requirements, phasing

of relocations or owner hardship which will require variations from this

procedure. Preliminary work has started for land acquisition. A map outlining the general area required for project purposes is attached to the back of this pamphlet.

The joint policies of the Department of the Interior and the

Department of the Army, in accordance with the law established by Congress for

2 acquisition of lands at Federal projects, require that fee title be acquired to all lands below an elev~tion designated as a reasonable freeboard for wave I action, erosion, etc., or a m_inimum of .300 feet measured horizontally from the top of the flood control pool, whichever i~ greater. At the Falls project this "reasonable freeboard" has been determined to be 5 feet measured verti cally abov~ the flood control pool. The final acquisition limits established based upon the ab_ove criteria :Will consist of short t_angent lengths closely aligned with and as parallel as possible to the guide taking corrtour, which will facilitate final descriptions through use of metes and bounds, In addition to the above-mentioned lands, additional land will be required for public access to the reservoir, project operations, and recreation.

Public recreational facilities to be constructed by the Corps of Engineers will generally consist of access roads, parking areas, boat launch ings ramps and picnic and campsites with sanitary facilities and potable water.

The North Carolina Wildlife Resources Connnission has requested several separate management areas to be licensed to the State of North Carolina to mitigate loss of wildlife resources and to enhance fishing enjoyment and general recreational development. These areas are generally confined within the guide acquisition line. It is anticipated these facilities will be supplemented by additional development of public park areas by other (non-federal) agencies and marinas which will be operated on a concession basis . In the acquisition of land, it is a practice to acquire only that land which is required for project purposes and includes the areas referred to

3 above for public use and recreation; however, the exact area to be acquired in each instance must be determined by the facts in each individual case .

Completion of the project is contingent upon annual appropriation of funds by Congress, and funds for the acquisition of land are included in the construction program. Every effort will be made to inform landowners sufficiently in advance of the time their properties will be required so they can relocate themselves with the least possible inconvenience.

4 LAND.ACQUISITION PROCEDURES

1. Determination of Ownerships:

County land records are searched to ·determine ownerships of land required for project purposes and to obtain legal descriptions. Boundaries of exterior tracts will be approximately located on the ground . Where only a part of an ownership is acquired, the boundary between the part acquired and the remainder will be' surveyed and staked at' no expense to the landowner.

2. Survey and Mapping:

The landowner's initial contact will most probably be with a representa tive . of the contractor's surveying party who will discuss the . work to be accomplished and will obtain necessary permits and rights-of-entry to accomplish the property identification on site. Mo~r~, Gardner & Asspciates, Inc. of

Asheboro, North Carolina are under contract to perform the mapping and surveying under the supervision of the U. S. Army Corps of Engineers.

3. Title Evidence:

The firm of Reynolds, Farmer & Russell, Attorneys At Law, Raleigh, North

Carolina are under contract to f urnish title , evidence in the form of Interim

Binders and Title Policies under the supervision of the U. S. Army Corps of

Engineers. This work will be done without expense to the l and owner.

4. Appraisals:

Each individual ownership will be appraised by a qualified appraiser.

These appraisals may be accomplished either by Corps of Engineers staff

5 appraisers, by contract appraisers or by both. The owners will be invited to inspect the properties with the appraiser, or the owner may designate a repre sentative for this purpose. The appraiser, in arriving at his conclusion of value, studies the property and applies the appraisal technique to determine the fair market value. Standing timber on a tract is always evaluated and considered in the appraisal with the value of standing timber being established based upon the current market for merchantable timber. Any special features which the landowner may wish to point out will be welcomed and considered.

The Constitution of the United States requires the owner be paid

"just compensation" in any acquisition of private property for public use. This has been determined by the courts to mean "fair market value," or that amount which would be agreed upon between a willing seller and a willing buyer, neither of them being obligated to buy or sell.

5. Negotiations:

After the property is appraised and the appraisal is reviewed and approved by the Project Reviewing Appraiser, a representative of the U. S, Army Corps of

Engineers Real Estate Project Office will contact the landowner to discuss the acquisition of the individual property. The condition of the title, any ques tions concerning back taxes, mortgages, liens, and the date the Government will require possession of the land will be discussed. It is the policy of the Corps of E~gineers that negotiations be on a practical and realistic basis in the manner which would normally be conducted between a willing buyer and a willing seller. Before the initiation of negotiations, an amount will be established as just compensation and a prompt offer will be made to acquire the property

6 for the full amount so established. In no event shall such amount be less than the approved appraisal of the fai~ market value of the property. The owner will be provided with a written statement of, and a summary of the basis for, the amount established as just compensation, Every effort will be made by the Government's representative to reach agreement as to price, reservation of improvements, and continued occupancy, in order to avoid legal proceedings. While it is realized that the owner has every right to cut and/or sell his timber before his land is acquired, the Government prefers to purchase standing • timber with the· land, particularly on those tracts not wholly covered by water, Frequently areas selected for their forest cover as potential recreational areas are denuded through timber sales prior to acquisition by the Government, thereby necessitating years of re-forestation before it can recover its former desira bility, Standing hardwood and conifers are desirable in the establishment of nature areas and recreational sites; consequently~ every effort is expended to preserve the natural forest around reservoir projects thiough purchase of stand ing timber, Timber clearing is required only in those areas which will be flooded by the conservation pool .

If agreement is reached on the purchase price, the owner will be asked to sign an 11 0ffer to Sell Real Property. 11 This offer fully sets forth the terms and conditions of the sale . Payment can ordinarily be made within 60 days provided the title is marketable.

6. Condemnation:

After every reasonable effort has been made in discussion with the landowner and the Government representative and an acceptable agreement cannot be reached,

7 it will be necessary to acquire title to the property through court proceedings .

The Fifth Amendment to the Constitution guarantees that just compensation will be paid when private lands are acquired for public use. To assure the landowner of receiving just compensation, the Government institutes a proceeding normally referred to as "condemnation" to obtain title to the property. Normally an instrument called a Declaration of Taking is filed with the Federal Court having jurisdiction over the area in which the land is located. At the same time, the amount of the Government's estimate of value is deposited with the court.

When the Judge signs the order of the court on the filing of the petition for condemna t i on, wit h a Decl arati on of Taki ng, ind t he estimate d compensat ion is deposited, title passes to the Government, and inunediately thereafter the landowner may make application for the funds that have been deposited with the court. This makes funds available for acquiring a replacement. Final determina tion of value is made by the court either through trial by jury or a connnission . At the trial, the landowner, as well as the Government, is permitted to intro duce testimony supporting his opinion of value . Court costs in condemnation proceedings are paid by the Government; however, the landowner is required to pay his attorney's fees, witnesses and any other expenses which he incurs.

The same as in the cases where the landowner and the Government are able to reach an agreement, a reasona ble time is given for the owner to find a replacement site before he is required to move from the property.

7. Expenses of Landowner:

Regardless of how property is acquired, whether by direct purchase or condemnation proceedings, the owner will be required to bear certain expenses,

8 some of which are reimbursable, a, Recording fees, transfer taxes and similar expenses will

be borne by the owner who will be reimbursed by the U, S,

Army Corps of Engineers.

b, Mortgages, mechanic's liens and other leins and enc,umbrances

must be paid by t~e owner at the time of conveyance to the

United States. Arrangements can be made with the Government

for payment of these items by deduction of the amount thereof

from the purchase price of the land. If there is a mortgage

prepayment penalty charged by the mortgage holder, you may be reimbursed for it. c. Real Property taxes which you have paid in advance will be

reimbursed at the rate of 1/12 of the total of each month

of the year in which you were not in possession because of

the Government requirement for possession of the property.

8. Expenses Paid by the Government:

The Government will bear expense for surveying, appraising, necessary titl~ evidence and recording the Deed to the United States.

9. Continued Occupancy:

Every effort will be made to accommodate affected landowners in the acquisition of their property. Generally, our program is scheduled so that continued occupancy may be permitted without charge until the end of the calendar year. Only in unusual circumstances will occupancy be permitted for longer than one year, and then only with a lease agreement with the former owner and the payment of rental to the Government.

9 10. Relocation:

Public Law 91-646, enacted by the 91st Congress on January 2, 1971,

entitled the "Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1971" provides for uniform and equitable treatment of persons displaced from their homes, businesses or farms by Federal or federally- assisted programs. The Government will provide a Relocation Assistance Advisory

Service to insure fair and reasonable assistance to all persons who are displaced by this project.

In addition, the Government , wi th cer t a in lim i t ations, wi l l r ei mburse both owners and tenants for expenses and other losses or damages which they

incur in the process of and as a direct result of moving themselves, their

families and their possessions, because of acquisition by the Government. Brochures will be mailed to each individual required to relocate, setting forth

fully his right to reimbursement, what costs will be reimbursed and the necessity

for furnishing itemized statements . It is pointed out here that no reimburse ment will be made for expenses incurred by the reservation and removal from the

premises of any buildings or other improvements for which payment has been made

at their fair value and reserved by the landowner for salvage value.

11. Cemeteries: Generally, all cemeteries within the project area will be relocated. This work will be conducted with dignity, profound respect and full consideration

for the sentiments of living relatives. Reinterment will be made in new sites

located outside the reservoir, or in existing cemeteries within the locality .

10 Permission to remove remains from cemeteries will be sought from the next of kin, if they can be ascertained and located with reasonable effort . If the next of kin desires to remove the remains to some distant point, the Govern ment's contractor will contribute to the cost of the move an amount not in excess of that which would have been incurred by interment in one of the new cemeteries.

12. Further information may be obtained from

North Carolina Area Real Estate Office U. S. Army, Corps of Engineers Post Office Box 99 (109 Ward Street) Cary, North Carolina 27511 Telephone No. (919) 467-8112

CORP OF ENGINEERS AREA RE L ESTATE OF ICE CARY, N. C.

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