2009

Featured Entries

Pitt Family Heirs' Property Case

The most effective way to prevent land loss by owners of heirs' property is by providing the vital legal services that owners lack before their land is threatened by partition sales. SCSJ is excited to work with families that own heirs' properties to draft wills, develop partnership agreements, and negotiate creative solutions to ensure stable ownership of their property. SCSJ represents the heirs of Daniel and Francis Pitt, who owned over 150 acres in Wilson and Edgecombe County, North Carolina, in their efforts to maintain and utilize this familial land. Representing the children and grandchildren of Mr. and Mrs. Pitt, SCSJ conducted a title-search, confirming the family members with an interest in the land and met with the family to identify legal means of realizing their goals. Ultimately, the family chose to form a Limited Liability Corporation, establishing rules for the management of the land as well as safeguards to ensure the land remained in family hands. SCSJ drafted the LLC operating agreement and is also exploring various means of maximizing the land’s financial capacity with the family. Speaking of the challenges they face, LLC manager Felton Wooten notes his family “lost one farm in a judicial proceeding in the early 1960s and our family wanted to be certain nothing could happen like that again.” However, “there were very strong differences in our family that we could not resolve, leading me to believe that a repeat of the 1960s incident could happen.” But, with the assistance of SCSJ, the family was able to reach consensus to hold the land in an LLC, “something so important for the survival of our family interests and which would not have happened without the help extended to our family.”

Heir's Property Workshop Set for Oct. 10

Heir's Property Workshop Set for Oct. 10 BY FLORENCE GILKESON: SENIOR WRITER A free workshop for heirs' property owners will be held at 10 a.m. Oct. 10 at the Senior Enrichment Center under sponsorship of the Moore County Department of Planning and Community Development. Heirs' property is land owned by two or more people who have inherited rather than purchased their shares of the property. The problem surfaces most often in cases where people have inherited property but cannot locate the deeds for the traditional transfer of ownership. Tim Emmert, community development planner, cites the example of a situation in which federal housing monies cannot be easily applied to heirs' properties without lengthy, sometimes fruitless, searches to track down family members and secure signatures on appropriate documents. He has seen this problem in cases where a property owner is eligible for rehabilitation assistance for a house but cannot prove legal ownership. Without proof of ownership, funds allocated through a Community Development Block Grant cannot be used to rehabilitate the house. advertisement At the workshop, attorneys from the Southern Coalition for Social Justice and the Land Loss Prevention Project will review the risks of owning heirs' property and some ways for property owners to protect their land. Those attending will be invited to ask questions about property ownership, wills and other related matters. Reservations for the workshop are not required, but the sponsors ask that interested persons call the Planning Department at 947-5010 prior to the workshop. There are no plans to serve refreshments, but advance notice will help the department to complete arrangements for the workshop to begin at 10 a.m. and end by noon. The Southern Coalition for Social Justice (SCSJ) promotes justice by empowering minority and low income communities to defend and advance their political, social and economic rights. SCSJ uses the combined skills of lawyers, social scientists, community organizers and media experts to help under-represented people to develop strategies to achieve their visions for themselves and their communities, incorporating an international human rights perspective and linking their efforts to broader processes of political, legal, social and economic change in the South. The Land Loss Prevention Project was founded in 1982 by the North Carolina Association of Black Lawyers to curtail epidemic losses of land owned by blacks in North Carolina. It was incorporated in 1983. The organization broadened its mission in 1993 to provide legal support and assistance to all financially distressed and limited resource farmers and landowners in North Carolina. The Senior Enrichment Center is on U.S. 15-501 about two miles north of the Pinehurst Traffic Circle.

Latino officials express importance of being counted in U.S. Census.

Latino officials express importance of being counted in U.S. Census By Michael Abramowitz The Daily Reflector Sunday, September 20, 2009 Every 10 years, all people living in the United States are asked to stand and be counted. On Saturday, state and local officials explained the importance of Pitt County and eastern North Carolina's Latino participation in the 2010 census, which officially occurs April 1, to several dozen people at the East Carolina Heart Institute. The event was hosted by Juvencio Rocha Peralta and the Association of Mexicans in North Carolina and the School of Social Work at East Carolina University's College of Human Ecology. Guests included Axel Lluch, assistant director for Latino and Hispanic affairs for the North Carolina Governor's Office; Taffye Benson-Clayton, associate provost for equity and diversity at East Carolina University; and Dayling Tolan, partnership specialist with the U.S. Census Bureau. According to the 2000 census, 4.8 percent of the approximately 156,000 residents of Pitt County, or 3,250 residents, were Latino — not an accurate representation of that community, Peralta said. There are several reasons for the inaccuracy, he said. “Latinos have been coming to eastern North Carolina in a steady flow since the early 1970s,” Peralta said. “The floods following Hurricane Floyd in 1999 widely dispersed the local population, and the 2000 census missed a great number of Latinos.” An accurate count would probably reflect a current Latino population of 7-8 percent, he said. Another challenge to an accurate 2010 census is language, Peralta said. “How can that be overcome without bilingual personnel? We need to prepare for that now by reaching out to all the stakeholders,” he said. Another problem is simply habit, Peralta said. Each county is responsible for putting together a “complete count committee,” but the committee does not have adequate Latino representation to reach that population, he said. “History shows that people get into a comfort zone and out of habit they reach out to the same population over time,” Peralta said. “I don't think county officials are aware that this is a priority for them.” When all is said and done, it is in the best interests of both the county and the Latino population to have an accurate count, he said. The census is required once every 10 years by the U.S. Constitution. Every year, the federal government can allocate more than $300 billion to states and communities, based in part on census data, according to information from the U.S. Department of Commerce, which oversees the Census Bureau. Census data determines how many seats each state will have in the U.S. House of Representatives and guides local decision-makers on where to build hospitals, roads, schools and more, Commerce officials said. Businesses use census data to locate supermarkets, new housing and other facilities. John Pierpont, of the ECU School of Social Work, touched on another census concern — the counting of undocumented or illegal residents. “Census enumerators don't ask about immigration status, so people here without documentation don't have to be afraid to give information and be counted,” Pierpont said. “But it's a tough sell to those who are undocumented.” By law, the Census Bureau cannot share an individual's census questionnaire information responses with anyone, including federal and law enforcement agencies, Commerce Department officials said. The numbers should be counted for everyone's sake, legal residents and illegal alike, Peralta agreed. “Many undocumented residents have children born in the U.S., and they will benefit from accurate representation for education, medical care and government programs,” Peralta said. “A person here illegally cannot receive money or assistance, but by being counted anyway, the county will receive funds and can use them for all qualified residents.” The conference is the first of several steps in the process to prepare for the 2010 census, and future meetings will train workers on how to locate and interview people not reached through the mail. An individual or organization interested in information or assisting with the 2010 U.S. Census can contact AMEXCAN at 258-9967 or the U.S. Census Bureau at 2010census.gov. Contact Michael Abramowitz at mabramowitz@coxnc.com or (252) 329-9571. By the numbers 4.8 percent of the Pitt County population were Latino according to the 2000 census. 7.8 percent is a more accurate count in Pitt County said Juvencio Rocha Peralta. 10 years: The census is required once every 10 years by the U.S. Constitution. $300 billion or more is allocated to states and communities, based in part by data collected in the census every decade.

Partition Bill Advocacy

SCSJ advocated forcefully at the North Carolina legislature in the summer of 2009 for legislative reforms to improve the ability of families that hold heirs property to retain control of their land. We succeeded in improving procedural fairness in partition sales by increasing the time for respondents to respond to a petition for partition, assigning representatives to protect the interests of unknown or unavailable heirs, and underlining the availability of mediation in partition actions.

University Apartments sold to a student housing company

If you walked by University Apartments recently, you could have heard the clatter of dishware and the lilt of folk music wafting through tall, open windows. A yellow tabby snoozed on a sill, clothes dried on a line in the hot sunshine, and a man rung the bell on a paleta cart that he pushed up the street. For 71 years, University Apartments, a cluster of 14 aging yet handsome brick buildings at 1502 Duke University Road, has housed thousands of Durhamites attracted by low rents and a sense of history: potters and produce managers, curators and caterers, waiters and bartenders. So many have passed through that current and former residents have adopted their own slang. They refer to the community as "Univapts" or "Free Heat," so named because of the siren-red sign emblazoned with those words and a sketch of a moneybag that was posted in front to lure potential tenants. Even the buildings are in code: Resident Jess Schell tattooed "L3C" on her forearm, which translates to Building L, Third Floor, Apartment C. So, when the rumor, which turned out to be true, circulated last week that University Associates, based in Winston-Salem, had sold Univapts for $3.3 million to Capstone Development, a Birmingham, Ala., company that specializes in student housing, tenants gathered in the courtyard with their dogs and a bowl of watermelon to share their concerns. "I see we're poolside," joked Dylan Mulrooney-Jones. The courtyard will become a swimming pool and outdoor fire pit adjacent to a "lifestyle center," two apartments that will be converted into a common area. The Voltaire Nature Garden (which refers to the last line of Candide, "We must cultivate our own garden"), and its tomatoes, Swiss chard and snap beans, will turn fallow. "This place has character," Mulrooney-Jones said. "It does need renovating, but they could create apartments that would keep people here and keep them happy." Inarguably, Univapts needs repairs. The wiring is pre-microwave, pre-iMac. The plumbing is creaky. Several ceilings sag. But the galley kitchens, radiator heat, high ceilings, hardwood floors and wide windows are worth the inconvenience, residents say. They fear the renovations, which, according to Capstone, will include replacing the windows originally installed in 1938, laying carpet in bedrooms and removing walls in former dining areas, will not only destroy Univapts' charm, but also outprice current residents. "I have a sense of foreboding," said Noah Goyette, who has lived at Univapts for six years. "The plans are to ruin it and make it so people like us won't want to live here. Right now, it's geared toward working people." Yet, Capstone Vice President of Acquisitions and Development Rick Hansen said he wants to reassure residents they will be pleased with the renovations. "The character and the uniqueness of the property drove us to buy it in the first place," Hansen said. Capstone discovered Univapts in a portfolio of 112 properties that were being brokered by national firm Coldwell Banker. "When I started looking through the photos, it raised the hair on my neck," Hansen said. "We got on a plane the next week. We fell in love with the property." Renovations, the cost of which is still unknown until Capstone contractors examine the wiring and plumbing, will include installing energy-efficient windows and appliances such as washers and dryers in each apartment (currently, there is a common laundry room), refinishing hardwood floors and improving lighting around the building. While Hansen emphasized "existing tenants are welcome," Capstone is pointedly targeting Duke University students for the new Univapts. He said Capstone would meet with Duke University officials to discuss the "quality and type of student they are trying to attract to the school." Based on that feedback, Capstone could tailor amenities to those potential residents—older undergraduates or graduate students. Those amenities have a price, and rents will increase based in part on the cost of renovation, Hansen said, adding, "We're not envisioning pushing the upper limits" of rental prices in Durham, "nothing near $1,000." Univapts residents pay $565-$650 a month; the average rent for a one-bedroom apartment in Durham is $765. It is also uncertain how a student-oriented apartment complex would weave into the fabric of the neighborhood. Univapts abuts Burch Avenue, whose neighborhood association is trying to designate the area as historic. Mark Eckert, a member of the Burch Avenue Neighborhood Association, said his group is "leery of a large concentration of Duke students," adding, "we hope it doesn't run into an off-campus party scene." Eckert also empathizes with longtime Univapts residents. "I'd hate to see anybody get displaced for students who have many housing options. These people [current Univapts residents] don't have as many." Across the street, men loiter at the bus stop and sip from containers in brown bags. To the south, it's not unusual to hear gunfire at night. Yet aside from a stolen bike, an intentionally set dumpster fire or a car break-in, there has been little serious crime of late at Univapts. Last year, there were reports of 48 assaults, 72 burglaries, 14 robberies, one rape and one murder within a half-mile radius, according to Durham Police Department figures. That represents 13 percent of the assaults, 10 percent of the burglaries and 7 percent of the robberies in DPD District 3 for 2008. There were 15 rapes and three murders in the district last year. Hansen was undeterred by the crime statistics. "They weren't overwhelming," he said. The diversity and affordability of an urban neighborhood, not swimming pools and lifestyle centers, attract residents to Univapts. "If they [Capstone] think they're going to get the demographic of West Village or Station 9, they're not," said one longtime resident who asked not to be identified. "They seem to have the idea this is a big Southern college town, that this will be a party scene. It's not." The neighborhood, and specifically, Univapts, has long been home to working-class residents mixed with foreign graduate students. Browse past city directories and you'll learn that Yoshida Akitoshi lived in E3C, Mousazza Jarmokani stayed in C3B, and Rafael Aquirre spent time in J1A. Some residents arrived and stayed for years: Marcella Quickell, a caterer, lived in H2C and later, H1A from 1962 to 1988. Robert Tissue lived in Jess Schell's apartment—L3C—but we don't know if he tattooed the number on his arm. Last weekend, Elliott Berger and Gina Rose walked by, she clutching flowers and he hoisting a bag of dog food over his shoulder. Many years ago, Berger's parents lived in Building B before they were married. Now Berger and Rose live in Building G and are engaged. "It's a community," said Addy Cozart, who lives in the apartment occupied by Gertrude Eisenberg from 1961-1970. "They don't realize this is my home."

University Apartments in Durham Sold

University Apartments on Duke University Road has been sold to Capstone Development, a Birmingham, Ala.-based company that focuses exclusively on developing and renovating student housing. University Associates, which is part of the real estate firm Reilly Mortgage Group of McLean, Va., sold the property. Wells Fargo purchased Reilly Mortgage Group in 2006. RPM has been the management company. The Durham County Register of Deeds has no record of the sale, but a Capstone spokesman confirmed the company has closed on the four-acre site. According to Durham County tax records, the property was most recently assessed in January at a value of $3.9 million. The last tax bill was $48,847; it has been paid in full. Aging yet handsome, the brick apartments were built in 1938 and feature high ceilings, huge windows and radiator heat. At least 80 people, mostly non-students, live in the apartment complex. Rents range from $565 to $650. The property owner paid for heat and water. Hannah Peele, who has lived at University Apartments for two years, said no one has formally contacted residents about the property sale. "Half of the community doesn't even know there are new owners," she said. According to an e-mail obtained by the Indy from someone knowledgeable about the sale, the apartments will be renovated and residents will be moved into vacant apartments during construction. Peele said residents who have learned of the sale are concerned they will be forced to move, either as a result of the renovations or because of higher rents. A Capstone spokesman could not comment on the company’s plans for the site, but referred the Indy to its project manager, who is out of the office until Monday. "It's a very tolerant community," said Peele. "It's a great group of people."

Screenings of "Sludge Diet" Documentary in New Hill

About twenty miles from Raleigh, there is an historic community that has been struggling to preserve its legacy and future against the encroachment of neighboring cities. New Hill, North Carolina, a charming community in southwestern Wake County, reminds us of an earlier time before the sprawl of the Triangle expanded to encompass over four counties. Now, the middle of New Hill is targeted to host the 230 acre site for a new sewage treatment plant serving Apex, Cary, Morrisville, and Holly Springs. Recently, the United States Army Corps of Engineers published a Draft Environmental Impact Statement (DEIS) reviewing the potential environmental consequences of this sewage treatment plant. Unfortunately, as highlighted by SCSJ on behalf of our clients, the New Hill Community Association, this assessment was woefully inadequate on numerous levels. For example, the DEIS only gave lip service to the disposal of “biosolids” from the sewage treatment plant. The euphemistically entitled “biosolids” are actually the sewage sludge left over after waste goes through the treatment process. Sludge that includes materials such as PCBs, pesticides, dioxin, heavy metals, industrial solvents, nitrogen, phosphorous, organic matter, fire retardants, antimicrobial chemicals, prescription and non-prescription pharmaceuticals, radioactive substances from research facilities and hospital waste, pathogens not destroyed by convention treatment, hormones, detergent metabolites, steroids, fragrances, plasticizers, and disinfectants, to name a few. The unnatural elements contained in sewage sludge have been linked to everything from livestock aborting their fetuses to ailments in newborn children. Despite the dangers associated with sewage sludge, the DEIS tells the public very little about how this material will be managed. It does not clarify how the material will be treated onsite, how the material will be disposed of offsite, and makes no reference to monitoring this material once disposed of. Having already objected to this cursory treatment of sewage sludge at public hearings and in public comments, the New Hill community, working with SCSJ and the Blue Ridge Environmental Defense League, has hosted two screenings of the documentary “Sludge Diet” in recent weeks. Over 50 community members have attended viewings of the film, which chronicles the dangers associated with this sewage treatment byproduct. The message is clear: the people of New Hill are not resigned to hosting someone else’s sewage plant, but instead are informing themselves of the dangers associated with the plant so they can object in an educated and forceful fashion.

FAQ for Non-Profits about the 2010 Census

From This is an FAQ guide for non-profits to help navigate questions about Complete Count Committees, Census Partnerships and other outreach initiatives regarding the 2010…

Chowan River Freshwater Mussel Survey

From A study detailing the freshwater mussel species present in Northeastern NC that would be threatened by the building of an outlying landing field in…

Army Corps has wetland issues with N.C. OLF sites

Sep. 6--CAMDEN COUNTY, N.C. -- Undocumented wetlands and rare mussels could block Navy plans to build a practice airfield in northeastern North Carolina, representatives of OLF opponents said in separate statements. Both announcements came a few days after the Navy said it would delay the release of an environmental impact study until spring. The study was expected to name the Navy's preferred airfield site from among five -- three in Virginia and two in North Carolina. Wetlands at both North Carolina sites have been underestimated and the necessary permits could be denied, according to a July 21 letter from the U.S. Army Corps of Engineers to the Navy. The Navy has been told "several times" about this deficiency in their environmental study so far, the letter said. "The study is not good enough at this point," said Glenn Dunn, an environmental attorney with Raleigh-based law firm Poyner Spruill. "If the Navy does not conduct a thorough analysis of the wetlands, I don't see how the Corps of Engineers can issue a Clean Water Act permit, and that would stop an OLF from being built." Agencies such as the Corps of Engineers often review environmental studies before they are released. Camden and Currituck counties hired Dunn's firm to help oppose an outlying landing field proposed for the Hales Lake area where jets would practice aircraft carrier landings. Dunn got the letter from the corps and released it this week, he said. The Navy is working closely with the Corps of Engineers and will meet the wetlands requirements, Navy spokesman Ted Brown said. The Navy said in a release Friday that " environmental planning which would lead to a decision to establish an OLF has been a challenging process." "Various delays" have pushed release of the airfield environmental study back to coincide with a study to determine where to base the F-35C Joint Strike Fighter, the Navy release stated. In Gates County, a study in the Chowan River found a mussel listed as endangered in North Carolina -- the Lampsilis cariosa, or yellow lampmussel -- and five others listed as threatened. "The Navy should remove Gates County from the list based on the rare mussels and the wetlands," said Ryke Longest, director of Duke University's Environmental Law and Policy Clinic. "The Chowan River basin is one of the few examples where we can say things have gotten significantly better since the 1970s." The Duke clinic and the Southern Coalition for Social Justice are helping a Gates County residents group oppose the Navy airfield. Freshwater mussels are like filters for the environment and are early indicators of pollution, therefore necessary to protect, said the study, conducted by Alderman Environmental Services. The study found 13 freshwater mussel species in a section of the lower Chowan River included within the noise contour area of the proposed airfield. The river is globally significant for its diversity of freshwater mussels, said the study, commissioned by the Gates County residents group. The Navy's study will take into consideration all endangered and threatened species, Brown said. In 2002, the Navy selected farmland in Washington County as its preferred site for an airfield. A residents group teamed with environmental organizations to file suit and wo n, forcing the Navy to withdraw its choice and start over. In January 2008, the Navy announced it was considering five other sites. Jeff Hampton, (252) 338-0159, jeff.hampton@pilotonline.com