Wednesday, September 27, 2006

Carolina Journal: Will TTA Use Eminent Domain?

From Carolina Journal Online:


Will TTA Use Eminent Domain?


TTA's Gulley says using Kelo-style eminent domain won't happen

RALEIGH — The Triangle Transit Authority, having forgone its pursuit of federal funds for a proposed commuter rail system, instead is planning to work with a developer creating businesses near its 12 planned train stations.

Private-property advocates wonder whether TTA could seize land because North Carolina law allows eminent domain when “it is useful for the purposes of public transportation.” But TTA’s interim director, Wib Gulley, ruled out the possibility that the agency would take any land for private development.

“That’s not something I think is lawful or appropriate,” Gulley said, “so it’s not going to happen.”

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