Board considers Legion property for school site

Despite strong opposition from the American Legion, officials say the city school system will continue to consider putting the legion's property on its list of potential school sites.

The school board will get an update on the property, located on Legion Road in Chapel Hill, at its Thursday meeting.

After the property was placed on a list of potential sites in December, representatives of the legion began circulating petitions to remove the area from consideration.

Last month, the school board delayed the approval of the location as a potential site so it could continue negotiations with the group.

Superintendent Neil Pedersen said that during meetings with legion representatives, the two groups failed to reach an agreement.

"I believe that the American Legion simply doesn't want to be considered," Pedersen said. "We were trying to work out conditions under which they would remain under consideration but we would not interfere with any steps they took with the property that is consistent with its current use."

Legion post commander Al Hackney said he objected to the board's attempt to put his organization under political constraints.

"We want what's best for our organization," Hackney said.

But Pedersen said the legion's placement on the list would not prevent the group from using the land.

"It isn't about taking their property," Pedersen said. "We're not talking about eminent domain."

Pedersen said that under a proposed agreement, which the legion declined to accept, the school board would waive its right to interfere with the land unless the legion decided to sell it or use it for a different purpose.

"We have no intention to interfere," he said.

This agreement was not acceptable to Hackney and other members of the legion.

"We don't deserve that kind of treatment," said Hackney, who added that his group is working for the betterment of the millions of veterans in the country.

Attorney Chris Willett, who works with the school system's lawyer, John McCormick, said there is not much the legion can do to keep itself off the list.

He said the school board can't take steps toward acquiring a property on the list unless its owner decides to sell the land or change its use.

In such instances, owners must obtain a special-use permit for their land and notify the school board, which then has 18 months to decide whether it wants to use the property. If so, it must purchase the land from the owner at a fair price.

If an owner refuses to sell, the school board can push for condemnation proceedings to determine the amount it must pay. Property owners can contest any ruling, but ultimately the school board can seize any property, regardless of whether it is reserved on the list, through eminent domain.

Pedersen said the school board has not faced such active opposition from other property owners whose land is included on the list of potential sites. He added that the legion's property is important to the school board because it is one of the few pieces of open land in the district.

"People haven't raised concerns because it really doesn't carry too much weight," he said. "It more keeps us informed than gives us too much power."

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