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In order for the city to build needed public improvements like roads, sidewalks and bus stops
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to support local planning initiatives and growth, it is sometimes necessary to acquire private
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property. The acquisition of private property for public benefit is governed by federal, state and
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local laws to ensure that affected property owners are treated fairly and consistently.
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The city's process for acquiring private property for public use can be summarized in seven steps.
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For needed projects identified in local capital improvement plans, the city
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undertakes an extensive and thorough planning and engineering process that includes community input.
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The city uses information from the planning and engineering process to develop final design plans
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that indicate if and where private property is needed to construct a public improvement.
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A real estate agent representing the city then contacts affected property owners.
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The real estate agent explains the project and the impacts to private property.
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In most cases only small portions of private property are impacted.
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Next, evaluation is prepared to determine fair compensation. There are many accepted
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ways of valuing property depending on the complexity of the proposed acquisition.
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The valuation typically occurs within 60 days of initial contact from the real estate agent.
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The property valuation is based on a variety of factors including the size of the property zoning
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location, assessed value and market conditions. For more complex acquisitions, an independent
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appraisal may be conducted. Impacts to signage, parking and property improvements are handled
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on a case-by-case basis. The real estate agent then presents the property owner a written offer
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to purchase the property or property rights. The property owner is given time to review the offer.
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If the terms are agreeable, the property owner accepts the offer.
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if the property owner is not in agreement with the city's offer to purchase,
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they should inform their real estate agent.
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The property owner may also make a reasonable counter-offer or obtain their own appraisal. The
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goal is for the real estate agent and the property owner to reach a mutually satisfactory agreement.
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If this goal is not met and the city and property owner cannot reach a mutually
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satisfactory agreement, the city can use the power of imminent domain provided by appropriate North
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Carolina general statutes if needed. The city will explain the full process to individual
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property owners affected after reaching agreement on the offer. The real estate agent presents the
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closing paperwork to the property owner. The property owner signs the paperwork and returns
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it to the real estate agent. City Council then approves the purchase of the property.
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In the final step, the city processes the transaction and mails the property owner a
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check. Typically, the property owner will receive a check within six to eight weeks
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after City Council approves the purchase. For more information on the real estate process, please
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visit the city's real estate acquisition webpage or contact the real estate acquisition manager.