February 12, 2008

Mt Pleasant’s OK Tire and it’s eminent domain crisis

image of Shem Creek's OK TireOK Tire’s dilemma with Mt. Pleasant’s Town Council has brought the term “eminent domain” to the forefront for residents and business owners alike all over town. In situations like this, it’s always a good idea to look at the facts first, and then make any judgments or decisions afterward based on solid research.

As a matter of public record, the OK Tire property time line is as follows:

  • * Sept. 11: Town Administrator Mac Burdette said that council authorized Town Attorney Allen Young to request issuance of the check pursuant to discussions it held in an executive session.
  • * Sept. 25: The $2,285,000 check was based on an appraisal of the OK Tire property by Hartnett Realty Co. Inc. on this date.
  • * Oct. 3: Young requests a check for $2,285,000 to be issued on or before Oct. 10 payable to Charleston County Clerk of Court. The funds will be posted with the clerk as part of a condemnation action to be filed relative to the OK Tire property.
  • * Oct. 4: A requisition form for $2,285,000 states that the money is for “Mark Mason/OK Tire property condemnation.”
  • * Oct. 9: Council votes to “authorize a final offer and, if not accepted, pursue final legal action as discussed” after an executive session to discuss Shem Creek contractual and legal matters. Young declines to name the specific piece of property that the council wants to buy because of ongoing negotiations. Council does not name an amount it is offering for the unspecified piece of property.
  • * Oct. 10: Young issues a statement that the town is condemning the OK Tire property after owner Mark Mason rejects an offer of $2,285,000. Mason has an appraisal of $4.6 million for the land.
  • * Nov. 16: OK Tire property owners Mason and Phillip Smith file suit against the town, asking for the condemnation to be dismissed. Among the grounds for their countersuit are alleged town violations of the state Freedom of Information Act, including a violation Oct. 9 when Town Council approved the condemnation.
  • Young said in response to the FOIA request from Mason that the $2,285,000 was appropriated as part of the budget approved by council back in June. According to documents the town provided Mason, the money for condemnation of his land comes from the town’s tax increment financing fund. One of the documents lists $3 million for “water access acquisition” but does not specify the OK Tire property.

An appraisal done for SunTrust bank by Paul K. Moore & Associates values the OK Tire property at $4.5 million, which Mason says more accurately reflects the value of the tract.

Will this have any affect on your next Town Council voting decision? Inquiring minds want to know.

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