Macon County now owns the 11-acre property including the historic Lyman C. Higdon home.
In late spring, Macon County Commissioners announced that the county was under contract to purchase a $1.35 million property locally called Higdon House.
At the time, Commission Chair Paul Higdon said he thought the purchase was a good business decision despite not having a specific purpose for the property.
“If we do wind up gaining approval to buy this property, we're not going to tag it that it has to be, we're not going to restrict it, cause if it doesn't fit into the plans, when we do phase two for education, what do we do with it?” Higdon asked.
Higdon previously stated he is not related to any of the sellers.
At that April meeting, Macon County school board member Hilary Wilkes asked about the use of the property.
“I'm curious if it is a hundred percent designated for Macon County Public Schools. I'd like that answer," Wilkes said. "I think you all should understand what you're buying and what your intention is as well as relay that to us.”
After the meeting, County manager Derek Roland said plans for the property, which is adjacent to Franklin High School, were ongoing. Commissioners are considering a $118 million construction project to build a new high school, but no plans have been finalized.
"The 10+ acre Higdon Estate was being evaluated by the county particularly for any benefit it could bring to a new Franklin High School," Roland said in the email.
But as the summer heat rolled in, there was still confusion about the reason for the buy.
At a May meeting, Commissioner Josh Young said he could see the school board using it for a number of purposes. Macon County Schools Career and Technical Education program staff Colleen Strickland shared an idea for a agricultural learning lab on the property called Panther Harvest.
It was not until the June 13 meeting that a clear reason for the offer was made. Commissioners now say the property will serve the high school.
At the June meeting, Commissioners voted in favor of two agreements with the school board to establish a commitment to building a new high school and a commitment to give the school board control of the Higdon property. The deal also required the school board, which is funded by the county, to maintain the property.
Commissioner Gary Shields voiced his support for the project and was met with cheers from the audience.
“We have a responsibility to these young people to revamp and rebuild for the betterment of our communities," Shields said.
Commissioner Danny Antoine said the purchase has always been about the kids.
“What we need to do is figure out, how do we set these kids up for their future? And then how do we stop losing them to other counties and keep them here. That CTE program is perfect for that. When that suggestion was made the purchase of the Higdon property – it still bewilders me how that got turned into a circus - is the understanding that it is for the kids," Antoine said.
Antoine and his business partners expressed their interest in the property for what they called a micro-school in December 2022. They have since stated they are not interested in the property.
The due diligence period on the Higdon property ended recently and the county signed the contract to purchase the property late last week.
The Higdon property was originally owned by Frank C. Higdon and William L. Higdon before their deaths and was placed in a trust in 1981.
The county paid $1,358,585.50, according to the settlement statement.
The sale raised questions about the requirements for local officials purchasing property.
Christa Cuccaro, assistant professor at the UNC School of Government, specializes in public law and government. She said a specific purpose doesn’t need to be put forward when local governments are purchasing a property but there are certain statutory requirements if the property will be used for economic development.
“These cities and counties if they are acquiring properties for economic development then they have to hold a public hearing," Cuccaro said.
The law requires a public hearing with at least 10 days o f public notice. The notice must include specific details about the property, and the hearing and notice must happen before any expenditures are made for the project.
So what does it mean for the Higdon property?
“I don’t know if there a problem if a unit of local government hasn’t identified outright what the purpose is for purchasing or acquiring property," Cuccaro said. "But if it falls under activity under that economic development statute. The unit might be constrained, it might not be able to pursue those economic development purposes if it didn’t follow the economic development statue.”
If there is a possibility that the property would be used for economic development, then the best practice would be to follow the public meeting requirements, she said.
There are also specific rules for school boards. A school board cannot acquire property on its own using funds from the county. There must be approval from the county commissioners.
BPR made a public records request for all communications between the commissioners regarding the Higdon property between October 1, 2022 to May 12, 2023.
County Attorney Eric Ridenour said two text messages sent by Antoine about a podcast he appeared on were the only correspondence between commissioners about the possible sale.
Editor's note: This story was updated to reflect Commissioner Higdon stated he is not related to any sellers. It was also updated to reflect that no additional plans for the high school have been announced.
