Proposed legislation in NC House committee could infringe on property rights of homeowners living near railroads

The NCPRC received a tip this week that the N.C. House Select Committee on Comprehensive Rail Service Plan for NC has a piece of proposed legislation that would grant the railroads project approval for any improvements made on private property that the railroad easement also shares. According to the tipster, property owners and the railroads pay property taxes on the land. We are looking into this issue.

Newspapers cover candidates' positions on property rights

The Burlington Times-News asked State Senate candidates Tony Foriest (D-incumbent) and Rick Gunn (R) questions related to annexation and stormwater rules in a recent candidate survey. The candidates' responses are linked here.

The Wilmington Star-News asked Senate candidates R.C. Soles (D-incumbent) and Bettie Fennell about annexation. Their responses are listed here.

The Lexington Dispatch raises the annexation issue in the race between State Representative Hugh Holliman (D) and Republican challenger Rayne Brown. Read the article here.

If you know of other news items which reveal where candidates in North Carolina stand on property rights-related issues, please e-mail them to us at info@ncpropertyrights.com.

2008 N.C. Property Rights Voter Guide Now Available

The 2008 N.C. Property Rights Voter Guide is now available on our Web site. Click here to find out where the candidates stand on protecting private property rights.

Property Rights Voter Guide -- Coming Soon

Late last week, the N.C. Property Rights Coalition mailed a 12-question candidate survey to every legislative candidate in North Carolina, as well as candidates for Governor, Lt. Governor and Attorney General. We will use candidates' responses to publish a voter guide to let citizens know where candidates stand when it comes to private property rights.

Please encourage every candidate you know, regardless of party affiliation, to return our survey. Private property rights are one of the cornerstones of our free society, and we should know where they stand on this important issue.

N.C. Property Rights Coalition launches new Facebook group

The NCPRC recently ventured into the world of social networking by launching a new Facebook group. Click here to join.

WRAL: Condemnation off for downtown Raleigh plaza site

According to WRAL.com, Raleigh officials have reached a tentative agreement with the owners of a downtown site being eyed for a proposed plaza. Last month, the Raleigh City Council voted to begin condemnation proceedings to seize the property using eminent domain. According to WRAL, that process would halt if the City Council gives final approval to the agreement with property owners.

The Threat of Eminent Domain in Raleigh

From the Civitas Institute's blog (Red Clay Citizen): The Threat of Eminent Domain in Raleigh

WRAL: 9-month annexation pause gets initial House OK

From WRAL.com: RALEIGH, N.C. — Towns and cities couldn't forcibly annex unincorporated land for nine months in legislation tentatively approved by the North Carolina House. more...

Knightdale family struggles to keep land

From WRAL.com: Growth and a zoning change to a section of farmland near U.S. Highway 64 have added thousands to a Knightdale family's tax bill and might force the family to change their plans for future generations. more...

WRAL: Small towns concerned about high speed rail plans

From WRAL.com: Franklinton, N.C. — The construction of a high speed rail between Washington, D.C. and Charlotte has some city officials in North Carolina concerned about the effect it will have on small towns. more...

N.C. Lawmakers Eye Regulating Well Users

FROM WRAL.com: Lawmakers Eye Regulating Well Users

WRAL: Big Changes to Municipal Annexation Unlikely in '08

From WRAL.com: Municipal governments say North Carolina's involuntary annexation law has helped towns and cities thrive and doesn't need too many new wrinkles as it nears its 50th birthday. more...

Americans for Prosperity video on the forced annexation of Pinewild

NCPRC signs onto statement of principles regarding NC's annexation laws

The N.C. Property Rights Coalition has signed onto the following statement of principles regarding North Carolina's annexation laws. This statement of principles was developed by the John Locke Foundation.

Statement of Principles Regarding North Carolina’s Annexation Laws

Whereas North Carolina’s annexation laws are not achieving the goal of providing urban services to communities that truly need services;

Whereas North Carolina’s annexation laws encourage the duplication of services to communities that do not need urban services;

Whereas North Carolina’s annexation laws are inherently flawed because municipalities have a disincentive to help communities most in need and have an incentive to annex communities for financial gain;

Whereas North Carolina’s annexation laws should reflect the reality that sound urban services can be provided through private sources equally as well as government sources;

Whereas North Carolina’s annexation laws should provide property owners subject to possible annexation a direct and meaningful representative process to challenge the annexation;

Whereas North Carolina’s annexation laws should ensure that annexations, both involuntary and voluntary, are applied in an equal manner to all individuals and communities:

Now, therefore, be it resolved by the undersigned organizations, North Carolina’s annexation laws should be significantly reformed to protect the citizens of North Carolina.

Adopted January 2008 by:
Americans for Prosperity—North Carolina
Biltmore Lake Community Action Committee
Blue Springs-Hoke County Community Development Corporation
Cedar Grove Institute for Sustainable Communities
Cumberland County Citizens United
Fair Annexation Coalition
Good Neighbors United (Wayne County)
John Locke Foundation
Johnston County Citizens for Justice
North Carolina FreedomWorks/CSE
North Carolina Property Rights Coalition
North Carolina State Grange
StopNCAnnexation
Stop the Taking of Pinewild
Voices for Justice

Quote from today's NCPRC luncheon

Wake County Commissioner Paul Coble shared the following quote at today's NCPRC luncheon:

"Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding."
- Justice Louis Brandeis

This quote is certainly applicable to the ongoing fight to preserve our private property rights.

Wilmington Looks South for Annexation

From WHQR: WILMINGTON, NC (2008-01-15) The City of Wilmington is looking to grow southward, by annexing a wedge of land in the Monkey Junction area.

The area being considered between Carolina Beach and College roads is currently home to 1534 county residents, according to figures used in a city presentation Monday. During that informational meeting with City Council, staff argued for annexation, saying it would increase the city's tax base to pay for services, such as roads and parks, that county residents also use.

Councilman Jason Thompson, who first ran for council to oppose the annexation of his own neighborhood, had some advice for residents unhappy about joining the city.

Start the emails, start the phone calls and start getting vocal. But I believe there's a super-majority of votes to pass it. I'm going to do my piece, but I don't expect to win.

Deal reached in years-long eminent domain case

From SignOnSanDiego.com: "A vacant lot that once housed a thriving downtown San Diego cigar shop – and stands as a reminder of some of the evils of government taking people's land – looks set to finally become a four-star hotel. The dispute reaches back to 2004 when the city used eminent domain to take Ahmad Mesdaq's Gran Havana Cigar & Coffee Lounge in order to assemble land for a Gaslamp hotel developer."

A few things jump out of this article:

1. This was a classic example of a small business being confronted with the specter of "taking on city hall."

2. The dispute wasn't solved overnight -- it took nearly four years.

3. The land wasn't taken from the property owner to build a bridge, school, road or for some other legitimate public use. From the article: "The city condemned the corner parcel in 2004 to make way for a Marriott Renaissance hotel."

Eminent Domain: Land grab or tool to rebuild?

From the California Eminent Domain Law blog:

Taxpayer groups are battling elected officials over the government’s right to seize property in a campaign that could impact thousands of homes and businesses in California.

Each side is pushing a measure for the June ballot that would reform eminent domain, — which allows local governments to seize privately owned homes and businesses and turn them over to developers for shopping malls and office parks.