More than 40 people met Friday night at the Atwell Volunteer Fire Department. Many vowed to go to court against Level 3, a high-tech company planning a worldwide communications network.

“We want the meanest attorney we can find,” said Jerry Connelly of the South Rowan area. “We’re ready to start a war.”

Paul Beaver of the Atwell township and his son, Len, called the meeting, asking others to help in their battle.

They are the first landowners in Rowan to face condemnation action. “If they condemn us, then they’ve got you,” said Beaver, adding, “They do not have the right to the pipeline without our permission.”

Asked why Beaver was selected for condemnation, Paul Beaver responded, “I guess they thought I would be a push over. They picked the wrong guy.”

They asked participants to fill out forms and document their dealings with agents of Level 3.

Property owners talked about combining efforts for some type of class action suits — by those who have not agreed with Level 3’s proposals and those who have signed contracts but feel they were misled.

Level 3 has acquired use of a 10-inch unused pipeline from Plantation Pipeline, one of three used to transport petroleum products. Level 3 plans to install fiber optic cable through the unused 10-inch line.

A special commission appointed by the Rowan Clerk of Court recently set a $10.50-per-foot value on the property.

The Beavers said Level 3 has asked the clerk to throw out the value and appoint new commissioners. A hearing is set Feb.9.

State Sen. Fletcher Hartsell of Concord was surprised at such a maneuver. Hartsell, who is also the attorney for Cabarrus County, has handled extensive condemnation proceedings for schools and the Coddle Creek Reservoir.

He said he had never heard of such a request, adding that the commissioners appointed by the clerk “can jolly well do what they want.”

“What do you want?” Hartsell asked the Beavers and other participants.

Most said they want conditions and compensation. Hartsell acknowledged that the pipeline right of way is a perpetual devaluation of the property.

Hartsell also acknowledged there is a question of whether Level 3 has the legal right of condemnation. He said the statutes dealing with that issue are 20 years old and predate the Internet.

Hartsell said Level 3 agents will have a particular problem in Cabarrus. After a battle with Plantation Pipeline, the lines through the reservoir property were moved. But only two of the pipelines, those in active use, were replaced.

“There is a gap in the line in Cabarrus,” Hartsell said. “I don’t know how they plan to deal with that.”

Several of the landowners talked about the 1940s when the first pipeline was put in.

“There was a (world) war, they were sinking tankers,” said Jack Rankin of Cabarrus. “It was the patriotic thing to do. We were going to win the war with the pipeline.”

Several recalled watching the construction crews rip up cornfields. They said most people didn’t ask for any compensation, because they were doing it for their country.

Paul Beaver and others said they had no idea Plantation would continue putting more lines in the right of way and deed the lines to other companies.

Len Beaver said at least some of the Plantation contracts from the 1940s specify the pipelines will be “used for petroleum products only.”

Participants swapped stories about the tactics of Coates Field Service, the company hired by Level 3 to acquire right of way along the route of the Plantation Pipeline. Officials for Level 3 and Coates have been unavailable for comment.

Several Rowan residents said they had been told that Cabarrus property owners have signed contracts and there have been no problems.

“They are lying if they said they don’t have problems in Cabarrus,” declared Rankin, who owns nearly 200 acres near the Coddle Creek Reservoir. Rankin said he objects most to the last paragraph that gives Level 3 control of the right of way forever without any approval or compensation to the landowner.

The same paragraph in the contract has drawn the ire of Rowan County commissioners, who have instructed County Attorney John Holshouser to go to court and to challenge Level 3’s right of condemnation.

The county is also challenging other aspects of the contract and has not agreed to the terms.

A Rowan farmer said a Coates Field Service agent told him everybody from the Mississippi River east to Rowan had signed and only three in Rowan were objecting. That drew a chorus of scornful laughter.

Larry Mesimer, who owns a chicken and horse farm on Alexander Road, said he signed and accepted $1 a foot for the 2,000 feet of line that crosses his property.

“They said they already had the right of way, and they were giving me a dollar a foot for good will,” Mesimer said.

Another Atwell resident said he told them he would agree to the same terms Rowan County accepted. He said agents then told him Rowan County had signed. But when he asked for a copy of Rowan County’s agreement, the agent produced a story from the Salisbury Post related to the condemnation procedure against the Beavers.

The Atwell man said he refused to sign.

A Cabarrus man said his elderly mother-in-law signed papers and had no idea she was dealing with another company.

Landowners also questioned the fact the Level 3 contract offers no indemnity against liability.

Landowners said workmen have left gates open and let cattle get on the roadways. They said if a motorist strikes an animal, the landowner is responsible for the motorist’s personal and property damages.

Len Beaver and others said they had questioned the right-of-way agents about including a clause in the contract that would protect property owners. He said while they were assured they would not be responsible, the agents refused to add the clause.

Jerry Connelly and his wife, Linda, talked about the problems of trying to build a driveway across the pipeline on their own property. They said Plantation required it be built to their specifications. They said they were shocked at an $85,000 price tag. Plantation wanted the pipes encased in concrete.

With another company involved, the problems for landowners will only get worse, the Connellys said.

“Plantation has us over a barrel,” said Len Beaver. “Level 3 is trying to put us over another barrel.”

Len Beaver wrote phone numbers for Plantation officials on a blackboard, urging property owners to call and record their displeasure with Level 3’s agents.

Plantation mailed a letter to landowners along the pipeline and urged them to cooperate with Level 3. Several names and phone numbers were listed for calls.