Independence Day and Property Rights

At the N.C. Property Rights Coalition, we believe that property rights are one of the cornerstones of free people in a free society. We encourage you to consider the following as you celebrate America's Independence Day:

Fifth Amendment to the U.S. Constitution: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

"Property must be secured or liberty cannot exist."
- John Adams

"Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can."
- Samuel Adams

"Private property was the original source of freedom. It still is its main bulwark."
- Walter Lippmann

Raleigh council member quits as head of group pushing for government to seize Alcoa's dams

The News & Observer (7/2/09): Raleigh councilwoman Nancy McFarlane said Wednesday that she will resign from her position as president of the N.C. Water Rights Committee, saying her involvement with the group has become a distraction.

The announcement is an abrupt end to an unlikely five-month marriage between McFarlane, a first-term City Council member who represents North Raleigh, and the committee, which was created last year to oppose the request of Alcoa Power Generating to renew its license to operate hydroelectric dams on the Yadkin River 100 miles west of Raleigh. more...

Previously:
- Carolina Journal: Mystery Group Behind Dam Takeover Bid
- Senate Votes to Take Alcoa's Dams
- Kieran Shanahan speaks out on state's efforts to seize Alcoa's private property

Important Update on Forced Annexation Battle at Legislature

The following was distributed via e-mail by Cathy Heath of the StopNCAnnexation Coalition:

June 21, 2009

NC House Discussing Annexation Reform

The House Judiciary II Committee is working on rolling all the annexation reform bills, GOOD AND BAD, into one bill.

They met Tuesday and Thursday last week and it’s a wrestling match between the city lobbyists and the people.

The people are pulling it their way, but are up against entrenched players at the GA.
It is strength in numbers that is making the difference for the people.

Please come and join others who are driving for hours to be in Raleigh for these meetings and help to tip this over the (NCLM) hump and make this a historic year for real reform!

- Tuesday June 23rd,
- immediately after session
- Room 544 (this was changed from Cathy's initial e-mail; this is a larger room)
- Legislative Office Building in Raleigh.
- Estimated time for the meeting is 5pm.
- Session starts at 3pm so come before 5 and watch the end of session.

IF YOU CAN'T ATTEND:
There will be an audio broadcast of the meeting that you can listen to online:
http://www.ncga.state.nc.us/Audio/Audio.html << Use this link and select Room 544

Lots of red attire in the gallery will be a good thing!

The Proposed Committee Substitute Bill (PCS) discussed on Thursday was horribly slanted in favor of the cities and the people voiced their dissatisfaction with it. Rep. Glazier opened the bill to further amendment and these will be considered on Tuesday. Twenty-two amendments are on the table, one of them is excellent: Amendment #62! THE WHOLE PACKAGE OF REFORM Rep. Tim Moore introduced the full text of H645 to replace the current language of the “PCS” as an amendment. Please contact members and tell them to approve Amendment #62. Other good single issue amendments: - #53 – Adds a VOTE OF THE PEOPLE - #56 & 60 – adds ‘need for meaningful services’ to qualify city annexation attempts. - #57 & 58 – adds the County Commissioners to approve city annexation attempts. Equally important are calls and emails all day Monday to JII Committee members.

Thank them for listening to the people and ask them to approve #62.

Carolina Journal: Mystery Group Behind Dam Takeover Bid

Article by Don Carrington

A driving force behind the state’s effort to take over a central North Carolina hydroelectric project owned by Alcoa Power Generating Inc. is a mysterious group called the North Carolina Water Rights Committee.

The panel is headed by Raleigh City Council member Nancy McFarlane. She has refused several Carolina Journal requests to be interviewed about her organization.

more...

Jordan Lake Rules: Too strict or too watered down?

From the Growth Matters blog: Jordan Lake Rules: Too strict or to0 watered down?

The short version (from Growth Matters):

On the one side you have the environmentalists who claim the rules aren’t strict enough.

On the other hand, you have local governments, businesses and folks in the real estate and building industry (in a unusual coalition) saying the rules will cost billions to implement—and may not even clean up the water.

The issue is simple: clean up Jordan Lake. The solution is more complicated. State regulators want local governments and private businesses to “retrofit” existing buildings and development. Guess what, there’s no money from the state to meet this mandate.

From GrowthMatters: "So our question to our readers is this: Is it fair for the state to make local governments and businesses go back and retrofit properties with storm water devices—costing billions of dollars? If not, what is a fair solution?"

Eminent Domain and Dirt

Article by Daren Bakst at the John Locke Foundation: Message to NC Senate: Please Treat Us Like Dirt.

Senate Votes to Take Alcoa's Dams

From Red Clay Citizen: Senate Votes to Take Alcoa's Dams.

Prior posts on this issue:

Kieran Shanahan speaks out on state's efforts to seize Alcoa's private property

Federal government grants state of NC power to intervene in Alcoa licensing, possibly seize company's private property

Kieran Shanahan speaks out on state's efforts to seize Alcoa's private property

RALEIGH, NC – Kieran Shanahan, Chairman of the N.C. Property Rights Coalition, today issued the following statement regarding the State of North Carolina’s efforts to seize private property owned by Alcoa:

“The North Carolina Property Rights Coalition is greatly concerned about the attempt by state government to take over Alcoa’s property in North Carolina. Alcoa is a private business that paid for and developed the land it owns. If the state is allowed to seize Alcoa's property, how vulnerable are private citizens and small business owners to the same type of government takeover? Private property rights are one of the cornerstones of our free society, yet every day we hear more stories of federal, state and local governments infringing on private property rights. Private property owners all over North Carolina should take notice of this issue and speak out in defense of their private property rights.”

Previous Blog post about this issue: Federal government grants state of NC power to intervene in Alcoa licensing, possibly seize company's private property

Daren Bakst outlines annexation abuse in Wilmington

Daren Bakst of The John Locke Foundation continues his series on forced annexation and annexation abuse in Wilmington.

Click here for more.

John Locke Foundation explores property rights implications of smoking ban

The John Locke Foundation explores the property rights implication of the proposed smoking ban currently being considered in the legislature.

Click here to read their summary.

Wilmington: Airport ready to cut elderly man's trees to the ground

From the Wilmington Star-News: Airport ready to cut elderly man's trees to the ground

Landlords irate at Cape Fear Public Utility Authority

From the Wilmington Star-News: Landlords are irate at the Cape Fear Public Utility Authority, which is making landlords pay tenants' debts. more...

ATV club takes steps to satisfy Brunswick County rules

From the Wilmington Star-News: ATV club takes steps to satisfy Brunswick County rules

Raleigh rental property owners face registration deadline

WRAL: Thursday is the deadline for residential rental property owners in Raleigh to get registered with the city and pay a fee. more...