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DuPont State Forest - Heartless?
Straddling the border of Transylvania and Henderson Counties, between Brevard and Hendersonville, lies the 8000 acre DuPont State Forest. Surrounded by State Forest is a 2223 acre private inholding, the Forest's ecological, scenic and recreational heart, containing a large woodland lake and several miles of the Little River with three awesome falls, Bridal Veil, High, and Triple. This core tract must be made part of the State Forest for the sake of the Forest, and for our grandchildren.
The Forest is an important resource, with rocky balds and the Grassy Creek Gorge, including 1750 acres registered with the NC Natural Heritage Trust as having special ecological significance. It is at the east end of the chain of wild lands connecting Green River Preserve, Caesar's Head State Park, Mountain Bridge Wilderness and the Jocassee Gorges, making it of high importance for wildlife habitat.
Background
The
State of North Carolina acquired 7600 acres of this land
from the DuPont Corp. in 1996 to create the DuPont State
Forest. The Forest is managed for educational use as well as
for hiking, biking, horseback riding, fishing and hunting.
It has become an extremely popular recreational destination.
But the "heart" of the Forest is missing.
DuPont's photographic plant(440 acres) and the 2223 remaining acres in the heart of the new State Forest were sold to Sterling Diagnostic Imaging. No development or even threats of development occurred under Sterling. However in 1999 Sterling sold the plant to the AGFA Corp. and put the remaining 2223 acres up for sale.
The State attempted to buy the land, but was outbid by a South Carolina developer, Jim Anthony, who initially said that little or no development would occur. Later he announced his plans for a large upscale development for some 100 large (to 3500 sq ft) homes, an equestrian center, and a large road system, including a bridge over the top of High Falls, the largest falls on the property. Clearly the functional integrity of the State Forest was now in jeopardy. Anthony had essentially bought a 10000 acre playground for the price of 2200.
Early in 2000, NC Attorney General Mike Easley suggested that the State ought to purchase Anthony's inholding, using eminent domain if necessary. Governor Hunt and the Council of State (the NC entity given authority under the NC constitution to buy land for the State) at its April 4th meeting were enthusiastic and directed Secretary Bill Holman of the Dept. of Environment and Natural Resources (DENR) to begin the process of acquisition.
At the time of this writing this process was still ongoing, and both support and opposition have arisen.
Pros and Cons
Opponents claim that purchase under
eminent domain would violate private property rights, and
that it would be unfair for the State to overturn the sale
now.
Supporters point out that purchase by eminent domain is
constitutionally authorized and is commonly used, especially
in the case of roads, reservoirs, and powerlines where the
public benefit is deemed great enough to outweigh individual
rights of ownership. Supporters believe the protection of
the State Forest is of far greater importance to the general
public, especially for future generations, than is an
exclusive upscale development by an out-of-state developer.
Parks and Forests are just as important to the quality of
life and economic health of our region as are roads and
reservoirs. Indeed, the Great Smoky Mountains National Park
was established largely by the use of eminent domain.
As to the fairness of overturning the sale process now, supporters are puzzled as to why Sterling, supposedly doing the best for its stockholders, never gave the State a chance to beat Anthony's offer. Why would Sterling have wanted the property to go to a private developer rather than to the State?
It is important to recognize that Mr. Anthony will not be hurt. He is in a win-win situation, standing to turn a profit on an investment owned for less than a year. Under the constitution, he will be paid a fair market value, determined if need be by a jury. He has already demonstrated that the property has higher value than the sum he paid.
What you can do to help:
Write, call, or email Governor Hunt, members of the Council of State, and Secretary Bill Holman. See addresses on the back page. Urge your friends and local legislators to become familiar with the issue and lend their support as well. Consider sending a contribution to Friends of the Falls to help with the campaign.
A grassroots group called "Friends of the Falls" has formed to promote purchase of the "heart" of the DuPont State Forest and access to the three spectacular falls by means of newspaper ads, letters to the editor, opinion pieces, and brochures like this. We are also able to put on slide shows and talks for interested organizations.
More information on Friends of the Falls.
Links |
Back to Front Page |
Speak Out!Contact the Governor and Council of State Print out a Petition for your friends to sign Contribute to Friends of the Falls by making a tax-deductible contribution. |
About the PropertyAnalysis and response to Anthony's proposal of restricted access Background Information and Recent Events |
Photos & MapsSee more photos of the Little River Falls: New map showing updated property boundaries (large:187K) |
Newspapers Endorse State ActionRead the resounding endorsements from the two largest regional papers.
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Justification of State's ActionWhy the use of eminent domain is justified in this special situation Read how the N.C. Constitution and the N.C. Statutes provide the authority for this action. Answering the Critics: Read a point-by-point reply to arguments against State acquisition |
Friends of the FallsLearn more about Friends of the Falls, and how you can support this exciting campaign. Send Email to Friends of the Falls. Subscribe to Friends of the Falls email updates (send us an email) News Updates: Get the latest scoop from Friends of the Falls |
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