Orange County is reviewing whether rules placed on a Millhouse Road property 30 years ago prevent the county from placing a solid waste transfer station there.
Mark Dorosin, senior managing attorney with the UNC-Chapel Hill-based Center for Civil Rights, has been working with the historically black Rogers Road community to oppose a possible transfer station on Millhouse Road just north of Chapel Hill. Community leaders consider the Paydarfar property part of their neighborhod.
On Wednesday Dorosin notified the county that covenants placed on the 10-acre property in 1979 restrict its use to “residential purposes only.”
The restriction, repeated in later deeds, appears to revise an even earlier restriction contained in two 1974 deeds that said “There shall be no commercial uses or any lawful use of said property which wil constitute a public or private nuisance.”
Dorosin said there is a time limit on such covenants but that state law makes exceptions, including for provisions that limit land to residential use.
“Siting of the transfer station on the Paydarfar property deliberately iogores the clear intent and vision of the Blackwoods and all of the propety owners who bought land throughout the area,” Dorosin wrote in his letter.
The Orange County landfill is scheduled to fill up in 2012. On Monday, the Board of County Commissioners is scheduled to either pick one of two transfer station sites or decide to send future trash to Durham’s transfer station for trucking to a landfill outside that county.
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Fri, 01/08/2010 - 22:30 — yuying520cjxkjiosifjnkv
Property Rights
Fri, 12/04/2009 - 01:15 — MatymachI will start by saying I am NOT an attorney... however, if it is for a public purpose, how can anyone whether a current owner or former owner put a restriction on property to prevent a public use, which it obviously is. If an individual could, then we would not have interstates to travel on. We would not have sanitary sewer lines. We would not have a lot of the great public infrastructure that makes a civilization run. As I understand it, when our governement gave us the right to own land, (and some governments do not allow this right), they added a caviot, which says; "You can own land, but if it is needed by the government for a public purpose, then we have the right to buy it from you at a fair market price." This is what keeps private property owners from holding public projects up for ransom, like some owners do to developers (who do not have, nor should they, have iminent domain rights). I disagree with the New London, CT court finding that property can be taken for private profit. And NC has legislation preventing that from happening here. And I wish there was a simple and equitable way to compensate those indirectly affected by a project. But there is not. We need landfills. We need waste water treatment plants. They just need to be thankful it is not a neighbor raising pigs or chickens. It'll be interesting to see how this plays out.
Orange Transfer station
Thu, 12/03/2009 - 19:26 — alaskan1Put it in down town Chapel Hill. Hooray to these people wanting to stop this transfer station being located in their neighborhood. Hey y'all, see what liberal Democrats think of you. They only want your votes; then they don't want anything to do with you.