Level 3 wants to put fiber optic cable in an unused Plantation Pipeline as part of a worldwide network for data transmissions. The company’s base offer as been $1 per foot for the 10-foot right of way.

County Attorney John Holshouser said Tuesday the county will not challenge Level 3’s right of condemnation in court.

Holshouser said he hasn’t changed his opinion that Level 3 doesn’t qualify for condemnation power.

“They have no authority to condemn local governments,” said Holshouser. That includes municipalities.

Holshouser met with county commissioners in closed session recently to brief them on the Level 3 issue. It was the consensus that the board could no longer spend public funds to mount a challenge for private individuals who haven’t signed right-of-way agreements with Level 3.

In basic terms, since the county property can’t be condemned, the county would have no legal standing to challenge the issue.

Several Rowan landowners have talked with Holshouser about mounting their own challenge. “At this point, no one has the financial capacity of mounting such a challenge,” he said.

The county hasn’t settled with Level 3 and may not. Holshouser said that if no agreement is reached, Level 3 will have to bypass the county property at Ellis Park, buy other right of way and dig a new trench.

Holshouser said Level 3 also has a potential advantage in court, because so much of the project is already complete, 90 percent or more. “They got out of the box very fast.”

The county is holding to its position of refusing to sign the proposed contract which gives Level 3 the right to sell or lease space to other companies for all time.

Another condemnation hearing is scheduled Thursday before Rowan Clerk of Court Jeff Barger.

Barger said another hearing scheduled for Thursday has been cancelled. Barger said Level 3 attorney Randy Reamer said agreement had been reached with the property owner.

Earlier this month, Barger modified an original value finding for right of way, lowering it from more than $10 a foot to $5 a foot. Level 3 has paid $1 a foot to many property owners in the county.

Barger made the ruling in a condemnation action against Paul Beaver, a resident of the Atwell Community.

Beaver said this morning he intends to appeal the finding and take the matter to Superior Court.