Acquiring real property for redevelopment—can local governments keep it confidential?

<p>The town of Renewville wants to improve the look of its downtown Main Street, which is pocked with poorly-maintained commercial buildings. The Mayor has had his eye on a few key properties on Main Street, which, if redeveloped, would transform the look and feel of downtown, perhaps spurring additional private investment in the area. After years of watching potential developers and investors “kick the tires” downtown but decline to invest, the Mayor has given up on the private sector. He now firmly believes that the town must take the lead in acquiring properties, because the private sector isn’t willing. He knows, however, that if the town’s interest in purchasing any particular property is made public, the owner of that property will hold out for a premium on the sale price. Can the council direct the acquisition of properties downtown and keep the town’s involvement confidential during negotiations? Under North Carolina law, it depends. This post examines several situations to illustrate the possibilities.</p> <p style="text-align: center">Background on property acquisition and open meetings law</p> <p>As a general matter, local government units are authorized to acquire real property for governmental purposes. Except for a few limited circumstances such as economic development (as discussed in this post), there are no particular procedural requirements imposed by law. It is largely a matter of local discretion to determine how staff is to go about acquiring property. Certainly records related to the acquisition are public records (see this 2013 on-demand webinar), but there are no general requirements to release details about real [...]</p>