In much of the Southeast, the company is using a 10-inch pipeline constructed in the 1940s as part of the nation’s war effort. Level 3 has acquired the usage of the pipe from Plantation Pipeline, which has two other pipelines in the same right of way.

The pipeline crosses hundreds of parcels of land in its path from western Cabarrus, crossing into Rowan near Enochville, and moving northeast en route to Greensboro.

Both Rowan and Cabarrus counties have refused offers from agents of Level 3 for easements and right of way over county-owned property. Although the state Utilities Commission has ruled that the company has condemnation power over private individuals, it does not have such power over counties and municipalities.

Prior to a recent closed session of the Rowan County Board of Commissioners, Rowan officials openly discussed asking Level 3 for $1,000 per foot for the 600 feet of pipeline right of way that crosses the county-owned Ellis Park.

No agreement has been reached with either Rowan or Cabarrus.

Many landowners across the county accepted $1 a foot. Others have accepted around $5 a foot, the value set as part of condemnation proceedings.

Salisbury city officials have said they will wait to see what Rowan County does before reaching any agreement with Level 3.

Thirteen individuals or families have appealed condemnation action to Rowan Superior Court.

Rowan Clerk of Court Jeff Barger said the appeals include the price, the question of condemnation and the wording of the proposed contract.

Among those appealing are Paul Beaver of Kannapolis, an activist in challenging the company’s condemnation authority; Oscho R. Deal, a longtime farmer west of China Grove; James L. Miller, a farmer and large landowner in the Miller Road area; and County Commissioner Dave Rowland’s company, Rowland Properties Inc.

Forest Glen Inc., a company developing an upscale subdivision near Salisbury, has also filed an appeal.

No court dates have been set.

In Cabarrus, two major landowners have hired Cabarrus County attorney and state Sen. Fletcher Hartsell to fight their battle.

Hartsell is representing Jack Rankin and Ed Stirewalt, both of western Cabarrus.

More than a decade ago, Hartsell did the legal work to condemn a large portion of Rankin’s property for what is now Coddle Creek Reservoir.

Hartsell and Rowan County Clerk of Court Jeff Barger agree that some of the issues raised may have to be settled in the courts and others in the General Assembly.

Hartsell said the new language in the contracts offered by the company has an effect on the land and it’s use by future generations.

“It has a dramatic impact on the value of the land, and what you can do with it and around it,” said Hartsell. “This was not in the original contract.

“This is a perpetual devaluation of the property.”

Hartsell agrees with many of the challengers, who believe there are serious questions about whether the state law was ever intended to give a private company condemnation authority.

Hartsell attended a January meeting at the Atwell Volunteer Fire Department, where landowners from the two counties compared stories and tried to find a way out.

The meeting was organized by Paul Beaver and his son, Len, who have been among the most outspoken challengers to Level 3.

Bruce James, a Salisbury native and Charlotte attorney, is representing the Beavers.

The Beavers were the first landowners in Rowan to face condemnation. A commission initially set the price at $10.50 per foot but cut that amount in half after an appeal by Level 3 attorneys.

Early on, Rowan County attorney John Holshouser considered a court battle to challenge the company. After determining Level 3 did not have the authority to condemn county property, Holshouser advised against it, saying the issue is not a countywide issue.

Holshouser said Level 3 has a potential advantage in court, because 90 percent of more of the project is already complete.

“They got out of the box very fast,” Holshouser said.

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

Level 3, based in Colorado, is an offshoot of a 114-year-old construction and mining company called Kiewit Sons, which is based inOmaha, Neb.

According to a spokesman and the company’s Web site, Level3.com, the company proposes a worldwide network that can move data at warp speed, bypassing AT&T, the Bells and other major companies.