Goldsboro will wait on state for ruling on annexing

Goldsboro News-Argus -- Goldsboro Mayor Al King and Mayor Pro-tem Chuck Allen say they will hold off on any involuntary annexation until the state legislature decides its next move on the subject.

Currently, the legislature is looking at allowing citizens to vote on whether or not they want to be annexed into city limits.

And although they believe the idea is a bad one, King and Allen say there are some adjustments that need to be made to the legislation. more...

Problems With Forced Annexation Exposed in New Guide

Carolina Journal Online: North Carolina has an "extreme" annexation law that needs major reform. That's the assessment of a John Locke Foundation expert who outlines the law's flaws in a new Q&A guide to forced annexation.

"My analysis of the level of recourse provided to property owners targeted for forced annexation shows that 48 states -- virtually every other state in the country -- have abandoned North Carolina's outdated approach to forced annexation," said Daren Bakst, the guide's author. "The 4.1 million North Carolinians who live in unincorporated areas make up 46 percent of the state's population. These are the people who could become victims of forced annexation. They deserve better than this state's current annexation law." more...

Washington, N.C. City Council Closer to Starting Annexation

Washington Daily News (2/10/09): The Washington City Council unanimously adopted a resolution Monday that identifies four nearby areas the city may want to annex. more...

Protecting Private Property Rights included in AFP's legislative agenda

Americans for Prosperity of North Carolina has included protecting private property rights as one of the key issues in its 2009 legislative agenda.

From an e-mail recently distributed by AFP-NC:

Protect private property:

o Support a constitutional amendment stopping eminent domain abuse.

o Stop forced municipal annexation.

o Stop excessive property tax increases that threaten homes & businesses.

Blueprint for Annexation Reform

The John Locke Foundation recently published a Blueprint for Annexation Reform; it can be viewed here.

From StopNCAnnexation: Annexation Law Tweaks vs the Truth

The NCLM (NC League of Municipalities) had their usual say in the N&O recently:
How N.C. should tweak its annexation laws

The city lobbyists claim that the law requires cities to provide a long list of urban services, but the truth is not so simply stated nor the bar necessarily so high. What do the laws require of the cities? It depends… it depends on what the city has to offer in the first place. Each annexation requires different responsibilities from the annexing city because the law allows such a wide variation regarding what the city must provide. The law allows cities that don’t even have their own fire and police departments to forcibly annex. more...

Article by Doug Bandow: Increasingly Lost Property Rights

Increasingly Lost Property Rights

Articles & Info on Forced Annexation in NC

The John Locke Foundation has compiled this excellent resource:
Forced Annexation in N.C.: A question-and-answer guide.

Winston-Salem Journal - Right to Vote? N.C.'s legislators divided on giving power to targets of forced annexation

News14 - Study commission votes to stop NC annexation

Carolina Journal - Pinehurst, Pinewild Feud Over Annexation

WWAY - Sunset Beach moving forward with annexation

Wilmington Star-News - Wilmington expands proposed Monkey Junction annexation area

WRAL - Wake County residents fight annexation

Statesville Record & Landmark - Hearing nears on Langtree annexation

Proposed Intertate High Speed Rail Network could impact property owners

Click here to read more.

Book written about Kelo case

Book Review: 'Little Pink House' Relates Eminent Domain Injustice.

Lawmakers meeting on changing annexation rules

RALEIGH, N.C. — A committee is trying to respond to citizen complaints about the way North Carolina cities and towns acquire unincorporated areas.

The panel of legislators, municipal leaders and the public is slated to meet Thursday to recommend changes to the full Legislature about involuntary annexation laws.

Grass-roots groups and citizens attending the committee's public hearings are unhappy with how some towns and cities have annexed land. They want lawmakers to require municipalities to provide promised services more quickly and to give reisdents of the targeted areas more say over whether annexations happen. more...

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.

Rezoning Could Limit Thousands of Raleigh Homeowners

From WRAL: Raleigh — A rezoning – mandated by the state and intended to protect a water supply – would limit the ways in which thousands of owners in north Raleigh could develop their property.Letters will be sent to about 7,300 property owners, and city planners met with a citizens' advisory group Thursday to explain the regulations. Those will make it more difficult to construct additions – even decks – to existing homes. more...

Locke Foundation: Turkey, NC takes on Property Owners

From The Locker Room.

Fayetteville: Businessman must pay for city’s error

From The Fayetteville Observer: Pete Porreco wanted everything to be perfect — and legal — for a tailored sign to showcase the new location of his remodeling business in western Fayetteville.

He called City Hall and said he wanted to put up the biggest sign he could on a stretch of Raeford Road. He then hired a contractor, who designed a plan that the city approved with a $40 permit.

The lighted sign, which stands 14 feet high on a pole, went up in mid-October at Porreco’s business, Home Exteriors. About two weeks later, a city inspector came knocking and served Porreco with a written notice that sickened and surprised him.

The sign was too big, the notice said. He had to remove it or face $500 daily fines. more...

Related: Myron Pitts column

Railroad stakes claim to its right of way on which ministry building sits

The News & Observer: Clayton Area Ministries volunteers were ecstatic three years ago when an anonymous benefactor gave them a building for their food pantry. It seemed a castle compared with the dilapidated, cramped quarters they had been renting.

Thanks to donors, the only payment the charity group faced with their new home was a monthly phone bill. Or so they thought. Then a representative of the state-owned N.C. Railroad told them half their building was sitting in its right of way. more...

Judge Says Couple Has to Leave Farm So County Can Expand Landfill

FROM WRAL.com: DOBSON, N.C. — A Superior Court judge has ordered a Mount Airy couple to leave their 95-acre farm, ending a 10-year battle in which Surry County commissioners imposed eminent domain to purchase the property to expand the county landfill.

Judge Richard W. Stone ordered Donald and Faye Terrell to leave their farm by November 28. But Donald Terrell, 69, said he will not go. It's where he was born, he said. And though Surry County paid him $653,000 for it in March, it's worth much more. more...

Eminent domain: Onslow steps up

Editorial from the Jacksonville Daily News: Robin Hood, or so the legend says, took from the rich and gave to the poor. The fact that he did it by force made him no less of a folk hero because his actions benefited a grossly downtrodden class of individuals. The U.S. Supreme Court, as interpreted by a slim majority of its justices, did just the opposite in 2005 when it decided the case of Kelo v. New London. In that instance, the court chose to allow government to legally rob private property owners on behalf of private developers and businesses.

It's a terrible precedent that chips away at both the spirit and consequences of the law. more...

Biltmore Lake residents' lawsuit fights annexation by Asheville

From the Asheville Citizen-Times: Biltmore Lake residents have filed a lawsuit against the city of Asheville claiming it didn’t follow state law in seeking to annex the upscale subdivision. more...

Text of Onslow County resolution supporting property rights

We recently posted a link to this article from the Jacksonville Daily News: Onslow County Commissioners vote to support limits on use of eminent domain.

The full text of the resolution can be viewed here.

Missouri: Study Points to Continuing Eminent Domain Abuses

According to this article, studies have shown that legislation passed last year in Missouri has failed to address eminent domain abuse. According to the article, "The study concludes eminent domain abuse has had a negative impact on local communities, adding the abuses will only worsen until the Legislature passes a constitutional amendment strengthening property rights in Missouri."

Sounds like Missouri and North Carolina have something in common: each of our legislatures failed to pass a constitutional amendment to give property owners the protection they deserve, instead settling for watered-down legislation that doesn't cut the mustard.

Editorial from San Antonio: Approve proposal on eminent domain

San Antonio Express-News

As Texas continues to grow, the need for public land for infrastructure and projects will increase. With it, the use of eminent domain — the forced buying of private land for a public use — will also increase.

Proposition 7 would amend the Texas Constitution to allow a "taking entity" to offer land acquired through eminent domain back to the owner at the original sales price under certain conditions. more...

Onslow County Commissioners vote to support limits on use of eminent domain

From The Jacksonville Daily News: The Onslow County Board of Commissioners approved a resolution Monday in favor of North Carolina joining an ever-increasing number of states that have enacted legislation prohibiting condemnation of private property for economic development.

In September, the board unanimously voted in support of the North Carolina General Assembly obtaining a constitutional amendment prohibiting the use of eminent domain - the right of a government to take private property for public benefit - for commercial use. more...

Charleston, WV: Officials say they will consider using eminent domain to expand Civic Center

From The Charleston Daily Mail: Officials say they will consider using eminent domain to expand Civic Center

Stanly County: Norwood looks at annexation during closed session

From The Stanly News & Free Press: Norwood looks at annexation during closed session

Center for Local Innovation's City/County Issue guide focuses on freedom

RALEIGH – Local governments can help their communities prosper by holding the line on taxes and fees, minimizing regulation, and avoiding the use of force against private property owners. Those are some key recommendations in the Center for Local Innovation’s new City and County Issue Guide 2007.

The guide arrives as some N.C. counties consider raising sales taxes or imposing a new land-transfer tax. “The common thread in these recommendations is freedom,” said CLI Director Chad Adams. “By increasing individual freedom, local governments can foster prosperity for all North Carolinians.”

The pocket-sized Issue Guide addresses more than a dozen topics common to North Carolina local governments. It covers services governments provide, the way they raise money, and the attention they pay to private property rights. John Locke Foundation researchers analyze each topic and offer recommendations.

For example, counties and municipalities do not need new ways to raise taxes, said Joseph Coletti, JLF Fiscal Policy Analyst. “North Carolina’s local governments all have two ways to tax their citizens: property taxes and sales taxes,” Coletti said. “Some have additional taxes, and they often charge separate fees for services such as water and sewer and solid waste removal. Local government already costs an average of $1,432 per person in North Carolina.”

Now many local governments want more tax options, Coletti said. ”Local governments have misused the money they now have,” he said. “In Wilmington, the city council has set aside money for a convention center while the sewer system leaks. Charlotte built a convention center and a short section of light rail instead of expanding road capacity.”

The Issue Guide warns local government against chasing the goal of “economic development” through wasteful convention centers, stadiums, and other non-essential projects. “Recently many North Carolina cities and counties have ignored the distinction between the public and private sector by funding outright or subsidizing functions that are inherently private,” said Dr. Michael Sanera, JLF Research Director and Local Government Analyst. ”City officials have poured millions of taxpayer dollars into nonessential city activities while essential services such as police, fire, and roads suffer.”

Some Issue Guide recommendations are simple. For instance, municipalities should avoid all forced annexation, said Daren Bakst, JLF Legal and Regulatory Policy Analyst.

“Municipalities use forced annexation as a financial bailout,” Bakst said. “Money from unincorporated areas boosts the municipal tax base. If an individual knows that he can always steal money from his neighbor in case of financial trouble, he will take inappropriate risks and make poor decisions. He can steal his way out of mistakes. The same is true for municipalities that use forced annexation.”

The new guide serves as a companion piece to CLI’s annual By The Numbers report, which ranks cities and counties by local government spending levels. “This new guide places the numbers in context,” Adams said. “Citizens concerned about local government spending can find ideas for improvement in the Issue Guide. Local leaders can also use the guide to help them avoid taking ever-larger chunks of our paychecks each year.”

The Center for Local Innovation’s “City and County Issue Guide 2007” is available at the JLF web site. For more information, please contact Adams at (919) 828-3876 or cadams@johnlocke.org. To arrange an interview, contact Mitch Kokai at (919) 306-8736 or mkokai@johnlocke.org.

Excellent article on eminent domain and individual rights

This is a good column by George Mantor

Greensboro holding annexation meeting

From the City of Greensboro's Web Site:

As the City of Greensboro begins the annexation process, we know you have many questions about what annexation will mean to you. We invite you to browse this website to find answers to your questions.

The links on the left will take you to information about specific services, as well as general information about the City of Greensboro. You can also call (336) 373-CITY (2489) to speak with a City Services Representative who can answer your questions.

A public informational meeting is set for Thursday, October 25 at 7 pm in Grimsley High School Auditorium.
Parking is available off Campus Drive.
* If you need an interpreter or any other auxiliary aid or service, please contact Donna Gray at 336-373-2723.

Locke Foundation spotlight on the impact of forced annexation in NC

Click here to read the spotlight.

Lexington officials hear from residents about annexation

From the Winston-Salem Journal: More than 60 people came to a meeting of the Lexington City Council last night with a simple message - they don’t want to be annexed into the city. more...

US Landowners Challenge Canadian Company's Right to Eminent Domain

Canadian company wants to use eminent domain to build an 1,830-mile pipeline through the US from Canada, to Oklahoma... more...

Mooneyham: Railroad is still bullying

Column by Scott Mooneyham of the Capitol Press Association: Railroad is still bullying

Lexington: Annexation opponents air their grievances

From The Lexington Dispatch: A standing room only crowd made up of upset homeowners voiced their anti-annexation arguments to the city council at Lexington City Hall on Monday night. more...

Elizabeth City: Most council candidates back eminent domain

From The Daily Advance: A majority of candidates for City Council believe the city should use eminent domain, if necessary, to acquire land for the $10.4 million aviation research and commerce park project.

“Yes, I think it is the greatest thing in our area,” said 1st Ward Councilwoman Betty Meggs, who is seeking a second term. “We have to think of what’s best for everyone.”

At issue is a privately owned 100-foot-wide parcel of farmland the city is trying to acquire for the Elizabeth City-Pasquotank Regional Airport Authority’s planned aviation park, estimated to create 500 jobs and generate $150 million for the local economy. The landowner, the Hall family, has refused to sell, and City Manager Rich Olson says he would use eminent domain to acquire the property if necessary. more...

Lexington Annexation: City growth vs. property owner rights

From the Lexington Daily Dispatch: A group of annexation opponents is set to bring a petition of more than 1,000 names of like-minded residents to the Lexington City Council meeting Monday, protesting the city’s consideration to annex 11 areas around the city. more...

Builders Lose N.J. Eminent Domain Fight

From BuilderOnline.com: Builders were dealt a blow this week when the U.S. Supreme Court opted not to hear a case in which New Jersey builder MiPro Homes claimed the township of Mt. Laurel, N.J., unlawfully seized a 16-acre parcel that was under site development and had been legally zoned and approved for construction. more...

Pasquotank Board postpones letter to protest eminent domain

From The Daily Advance: Pasquotank’s Board of Commissioners agreed Monday night to postpone adopting a resolution and letter that protest “any eminent domain takeover” by the city of land for its $10.4 million aviation park project. more...

Annexation still affects local races in Fayetteville

NEWS14: Citizens who were annexed into the city of Fayetteville in 2005 will have the chance to vote for their representatives next week.

Both District 6 and 8 comprise residents who were brought into the city two years ago, although the majority live in District 8, which is home to incumbent Juanita Gonzalez. Gonzalez is finishing her third term on the city council and now faces opposition from two political newcomers: Ted Mohn and Charles Ragan who both became city residents after the annexation. more...

Bakst: Another government land-grab

From Carolina Journal: Wake County's Open Space Bond

Op/ed in N&O: Another government land-grab

From NoLandGrab: City Planner Calls Eminent Domain Condemnees "Hostages"

City Planner Calls Eminent Domain Condemnees "Hostages"

Zell Miller Quote on Property Ownership

"The opportunity to own what we're willing to work for is a pillar of our democracy. It is so ingrained in our American experience that we can hardly imagine otherwise. But rest assured there are people in this world who can only dream of owning anything. At the heart of communism was the notion that the state owned everything the people produced. The government managed production, owned the yield, and dispersed it with the grand kind of wisdom that led to the erection of the Berlin Wall. The wall is now a gravel pile, and so is the thinking that constructed it."
- Former U.S. Senator Zell Miller (D-GA) in his book, "A Deficit of Decency"

Commentary: Minority areas hit hardest by eminent domain

Commentary by Clarence Page, published in The Chicago Tribune:

A father and son who operate a nonprofit boxing gym for kids in suburban San Diego are fighting their town for the right to stay where they are. Ultimately, their battle to hold onto their property could help decide your right to hold onto yours. more...

Mt. Airy candidates debate annexation

The Mount Airy News reports that annexation was among the issues recently debated by municipal candidates. From the Oct. 3 article:

The candidates also differed on annexation, which has been a controversial issue due to residents recently being forced into the city limits.

Cochran pointed out that only four states, including North Carolina, now allow forced annexation. She mentioned one case in which a local woman is having to rely on subsidized government housing because she can't afford the higher taxes and utility hookups resulting from annexation of her home. “I am not in favor of forced annexation,” Cochran said.

One of Cochran's opponents, Sickmiller, took a similar position. “There are a lot of things that are legal to do,” she said, but that doesn't mean they have to be done. She also wonders whether the tax money generated from annexed communities adequately offsets the related expenses. “I don't believe in forced annexation if it's only for the money.”

Said Brown: “I think there should be many independent studies done before you annex an area.” Saying numerous factors should be considered, he added, “I am not in favor of off-the-wall annexation at any time.” He thinks major annexations should be studied at least 10 years before being approved, although he said individual property owners who are willing to pay for city services should be allowed to join the municipality. “It doesn't have to be hundreds of people.”

While he said it was not fair for non-city residents to use Mount Airy services without paying extra, Livengood said he understands why some people want to live outside the municipality, possibly because of quieter neighborhoods or lower taxes.

Lowry said that annexation should be undertaken on a case-by-case basis, and only where economically feasible. “We're about annexed out,” he said.

“The greatest need we have in Mount Airy is fiscal management,” he said. “We are on the verge of a fiscal train wreck.”

Harris was the only candidate who supports an aggressive annexation approach, saying that cities have to offer a certain population to be considering by companies wanting to locate facilities to a community. Otherwise, the city will be passed over, the incumbent said.

SPIN Cycle: What’s up with the North Carolina Railroad?

From today's SPIN Cycle newsletter (published by NC SPIN):

What’s up with the North Carolina Railroad?
That’s a question many are asking after the state-owned railroad came trying to collect rent on businesses that are located close to their rail lines. According to NC RR officials, 150 years of surveying errors and lack of oversight have prevented them from collecting rent on lands they legally own and within their 200-foot right of way.

They say they have signed more than 230 leases for their lands and that another 120 or so are yet to be negotiated. Affected small business owners are understandably upset when a representative of the NC RR walks in and claims they owe rent to the state rail line.

Look for court cases and legislative action regarding these collection efforts.

Blogger: How do you reconcile urban planning and private property rights?

We stumbled across this blog entry earlier today: How do you reconcile urban planning and private property rights?

It is an excellent read.

Stanly County: Norwood annexation troubling community

Norwood annexation troubling community

Eminent Domain Could Arise In Sugar Creek, MO

From KMBC-TV9.

SUGAR CREEK, Mo. -- Sugar Creek may be the battleground for another fight involving eminent domain.Some residents near Sterling and Smart avenues said they are being forced out of their homes by City Hall in favor of developers. more...

Apex Votes to Control 9,000 Acres Next Door

From WRAL.com: Apex Votes to Control 9,000 Acres Next Door

Forced annexation an issue in Tryon elections

Tryon candidates divided on annexation, dispatch, other issues

Judge says couple who won eminent domain fight must repay developer

Judge says couple who won eminent domain fight must repay developer

Charlotte Observer: Rail-line rent irks legislators

More on the N.C. Railroad's efforts to railroad property owners.

Judge: Developer & City of Norwood, OH Must Pay In Eminent Domain Case

WCPO.com: Judge Rules Norwood, Developer Must Pay In Eminent Domain Case

Charlotte Observer: Landowners feel railroaded

Concord auto mechanic Frank Abernethy, struggling to run his small business, was caught off guard by the unannounced visit from the railroad agent.

It was early August when the employee from the state-owned N.C. Railroad Co. showed up at his garage and demanded he sign a lease for $1,200 a year in rent and fees. He also said Abernethy needed $1 million in insurance because his shop sits too close to the tracks.

Even though the mechanic bought the property in 2005, the railroad says it technically owns his land -- and has 19th-century deeds as proof.

"Nobody told me that when I bought the building," Abernethy said this week. "I told the guy, `What are you trying to do, put me out of business?' "

The railroad says there are hundreds of other property owners like Abernethy along its 317-mile line from Charlotte to Morehead City. One day, the company could try to reclaim the disputed parcels. But for now, the railroad just wants rent, said Scott Saylor, railroad president.

It's part of the railroad's push to take back and manage its right of way -- the 200-foot-wide buffer along the tracks. more...

John Locke Foundation Report: Eminent Domain in N.C. -- The Case for Real Reform

John Locke Foundation Report: Eminent Domain in N.C. -- The Case for Real Reform

Background on Eminent Domain and Kelo

• Eminent domain refers to the government’s power to seize private property without the consent of owners.


• In 2005, the United States Supreme Court, in the now infamous case of Kelo v. City of New London, held that the government could seize private property solely for economic development reasons. For example, if a house can generate more tax revenue as a strip mall, then the government can seize the house and transfer it to a strip mall developer.

What Other States Have Done

• Seven states have already passed constitutional amendments to protect against eminent domain abuse, include neighboring states such as Florida, Georgia, and South Carolina.


• In Nevada, the voters overwhelmingly approved a new amendment but it requires passage in two consecutive general elections to become law.


• When a state brings up an eminent domain amendment to the voters, which does not also try to address regulatory takings, the voters overwhelmingly pass the amendment.

What North Carolina Has Done

• The House Select Committee on Eminent Domain Powers developed a watered down interim report in 2006 and was supposed to meet after the short session to address just compensation and other critical issues. For no apparent reason, it never met again.


• The legislature passed a bill in 2006 that deleted provisions in existing law that expressly allowed for economic development takings. However, the legislature was not willing, in legislation, to expressly prohibit all economic development takings. In addition, the bill amended the state’s urban redevelopment (blight) law.

Why North Carolina Needs a Constitutional Amendment

• North Carolina’s constitution has the weakest property rights protections in the country. It is the only state in the country that does not have an express constitutional provision that limits the taking of private property for a public use with just compensation.


• State legislation is the only thing coming between North Carolinians and the government’s ability to take private property for economic development or any other reason. When legislation can be changed at the whim of political interests, this is far from adequate protection.

Limit Takings to a Proper “Public Use”

• A constitutional amendment should only permit property to be taken for what has traditionally been understood to be a public use. Those reasons generally are not different from what North Carolina now allows in the state’s eminent domain statute.


• Proper takings include property taken for use by the government or use by the general public. It also should include takings for utilities and common carriers in their role to provide services to the general public, and to protect against blighted property.


• The blight justification for taking property must be very narrow in scope. If not, a constitutional amendment could actually be worse than the eminent domain abuse it is trying to solve. It should only mean taking property to protect the public from a clear and direct harm to the public’s health and safety that is caused by that parcel of property.


• All takings for any private use should be prohibited (except for public utilities and common carriers, as explained above).

Protect Against the “Blight” Excuse

• It is critical to understand that most eminent domain abuse has not come from blatant economic development takings, but instead through the abuse of blight laws.


• It is almost impossible to demonstrate that a taking is really for economic development reasons, as opposed to addressing some overbroad definition of blight.


• There is a “reverse Robin-Hood effect” when it comes to blight laws. The government takes private property from the poor to give to the wealthy.

Provide “Just” Compensation

• The House Select Committee on Eminent Domain Powers had drafted a bill that identified a way to better compensate eminent domain victims


• Many of the compensation issues that need to be addressed in a constitutional amendment are consistent with the compensation issues that the Committee identified in its interim report.


• Generally, just compensation has meant fair market value.


• Just compensation should be “just.” It should make eminent domain victims “whole.” This means that they should be put in the same position that they would have been in had their property not been taken.

Create a Fair Process for Eminent Domain Victims

• The government always should have the burden of proof in all eminent domain proceedings.


• The government should have the burden of proof to demonstrate that a taking of a specific piece of property is clearly necessary for the public use espoused and that no reasonable alternatives exist.

Bottom Line

• An eminent domain amendment is a bipartisan issue, as seen by the wide support for recent eminent domain amendments even in North Carolina. Only politics and the desire to protect governmental interests will explain why a properly drafted amendment is not enacted.

Download PDF file: Eminent Domain in N.C.: The Case for Real Reform (701 k)

Annexed area pays police taxes twice

The Charlotte Observer

When residents of the Shannamara neighborhood got their tax bills last month, a few realized something strange: They'd been billed for police services in both Mecklenburg County and Stallings. Now, there may be nothing they can do about it. more...

City of Toledo invokes eminent domain for mall

Toledo Free Press

The City of Toledo's proposed use of eminent domain for taking the Southwyck Mall properties for redevelopment will be the subject of a public hearing on Sept. 24. The issue of eminent domain became official with a resolution presented to City Council Sept. 18.

The resolution (603-07), calling for the use of eminent domain for the roadway extension at Southwyck Mall, was discussed and held for the next Council meeting on Oct. 2, due to the hearing, according to City Council Clerk Gerald Dendinger.

Eminent domain for Southwyck is the topic for the Environmental, Utilities and Public Service Committee meeting scheduled for 4 p.m. Sept. 24 in City Council chambers. The public is invited to attend and voice its opinion on the proposed use of eminent domain.

City Council member Rob Ludeman said eminent domain is a tool the City of Toledo can use to get Bill Dillard and Buddy Hering, who own parcels at Southwyck, to complete the deal with Larry Dillin, president of Dillin Corporation. more...

Forced Annexation in Selma, NC?

An interesting read from a local blogger in Selma, N.C.

Delaware state legislators seek to protect property rights

From the Cape Gazette:

Two state representatives say they’ll be working over the next several months on legislation to protect the property rights of all Delawareans.

State representatives Greg Hastings, R-Millsboro, and Dennis Williams, D-Wilmington, recently announced a cooperative effort that’ll use the resources of the Institute for Justice, the Delaware Bar Association and the state House of Representatives to craft a bill to shield private property owners from unwarranted governmental takings.

The issue has most recently surfaced in Wilmington, where city officials have threatened to use their power of eminent domain to seize as many as 62 properties as part of the next phase of the South Walnut Street Urban Renewal Plan. As many as 38 working businesses could be displaced if their properties are condemned by the city. Under the plan, the land would then be sold to private developers for use in high-end residential and commercial projects.

more...

Landowners threatened by eminent domain abuse

The Courier-Post

Some of what is taking place throughout the United States is surprising. Take for example, the legally authorized abuse of eminent domain. more...

Property owners: We'll fight for land rights

Property rights advocates said Tuesday they are ready for a court fight to defend a 2006 law that reduced local governments' right to seize property.

The test case may be in Osceola in southern Iowa, where local governments may attempt to seize farmland to make way for a reservoir.

"This lake project is about development and money under the guise of Osceola's water needs," said Cindy Sanford, whose farm may be taken for the project.

Sanford and other property owners spoke at a Statehouse news conference, joined by Reps. Jeff Kaufmann, R-Wilton, Jodi Tymeson, R-Winterset, and former Rep. Ed Fallon, D-Des Moines.

Kaufmann said there will be a two-pronged effort, one to fight for property rights in court and one to strengthen the 2006 law in the next legislative session. He said the law seemed adequate until "some knowledgeable lawyers found some loopholes." more...

Moore County: Pinewild Files Suit to Block Annexation

Southern Pines Pilot

A group of Pinewild residents have filed a lawsuit attempting to block the village of Pinehurst's planned annexation of the gated country club community.

Pinewild Project Limited Partnership, the company that owns Pinewild, is among the plaintiffs.

more...

NoLandGrab.org: Eminent Domain Becomes Common in Developments

Eminent Domain Becomes Common in Developments

CA: Council to vote on land theft for “redevelopment”

CA: Council to vote on land theft for “redevelopment”

Iowa Lawmakers Call for Property Protections

DES MOINES, Iowa — Lawmakers and landowners called Tuesday for tightening a state law guarding property rights, warning that developers and officials are using a loophole to push for a new lake project that would flood dozens of Clarke County properties.

Two legislators said they would try to add new restrictions to a property rights law approved by the Legislature last year over the veto of then-Gov. Tom Vilsack.

"It really is important for lawmakers to stand up for landowners because Iowans just fundamentally believe it's wrong for government to take people's land and their homes and their farms for economic development," Rep. Jodi Tymeson, R-Winterset, said at a Statehouse news conference. more...

Lawsuit puts Tryon’s annexation on hold

From the Tryon Daily Bulletin

Leah Justice and Chris Dailey
September 14, 2007

The recently filed lawsuit against Tryon’s annexation automatically puts the town’s expansion on hold, and it could take a few years to resolve the case in court, according to David Lawrence of the N.C. Institute of Government.

Lawrence, considered a leading authority on annexation in the state, responded to questions from the Bulletin this week. He said the lawsuit, filed by 136 petitioners representing 88 properties (see list of names on page 15) in Polk County Superior Court in August, creates an automatic stay of the annexation.

more...

Eminent domain plans not always successful

From NorthJersey.com:

When a developer devised a plan in early 2006 to turn Little Ferry's drab industrial area into a 12-acre, tax-generating waterfront, the concept appeared enticing.

A hotel along with restaurants, retail shops, condos, office space and parkland would replace an abandoned pipe company and several underused commercial sites along the Hackensack River.

But the plan created an uproar among residents because it called for designating the area blighted and condemning several homes and small businesses through eminent domain.

The project was shelved within a month.

more...

Adding Insult to Injury: City Sues Victims of Eminent Domain Abuse

Eminent Domain Victim Victimized By Rock Hill Again

Homeowner: Cary Wants My Land for Performing Arts Center

From WRAL.com:

Homeowner: Cary Wants My Land for Performing Arts Center

Marilyn and Marvin Goldman have spent the past 11 years living in a downtown Cary condo, but their home might be in jeopardy.The town of Cary wants to build a performing arts center and a parking deck at the northeast Corner of Dry Avenue and Academy Street. The problem is, the Goldman's home and 18 other properties are in the way.

“They’re going to bulldoze this,” Marilyn said. "It’s not my house they want. It’s my land they want.”
Blogger: N.C. Property Rights Watch - Create Post
more...

Blog: Univ. of Oregon Given Eminent Domain Power

University Given Power of Eminent Domain

City of Sacramento uses eminent domain; forces pregnant woman to sell her business

City of Sacramento uses eminent domain; forces pregnant woman to sell her business

Citizens Against Forced Annexation Holding Sept. 20 Meeting to Discuss Tryon Lawsuit

CAFA Holding Sept. 20 Meeting

Tryon sued over annexation plan

From the Tryon Daily Bulletin

Grassroots Group Challenges Tryon's Forced Annexation

From BlueRidgeNow.com

Murphy Seeks to Annex New Area

From a blog owned by John & Jessica Poltrock

Pasquotank County Stops Homebuilding on Some Farm Lands

From the Daily Advance

Pasquotank stops homebuilding on some farm lands

Streams form battle lines

From the Asheville Citizen-Times

Property owners, environmentalists face off over proposed development limits

Forsyth County Property Owner Tangles with NCDOT over land

From the Winston-Salem Journal:

Roadblocked: Property owner tangles with DOT over use of land

Column by Daren Bakst - Protecting Property Rights

From The News & Observer

RALEIGH - Pick any state other than North Carolina and you'll find much greater protection of property rights. Yet when the state House recently attempted to address two major property rights issues -- eminent domain and forced annexation -- there was one huge obstacle in the way: the state Senate. more...

Excellent Article: Abuse of eminent domain threatens us

Abuse of eminent domain threatens us - by Sarah Overstreet

Anybody here who, when you were studying high school civics, thought the concept of eminent domain meant the government could take your private property — a house, a couple dogs and a goat or a profitable shopping center — to plop a mega-super-duper big-box store where you used to be?

If you did, you obviously read more into it that I did. I learned it was the right of government to take property for public use. Public "use," for the good of the public, for government to serve the public through government projects: roads, courthouses, police stations, post offices — not public profit for the benefit of a city getting a bigger pot of tax dollars for city use. After their experiences in Britain, one of the rights our founding fathers and first residents held most dear was the right of private property ownership. more...

Businesses Fight Eminent Domain Plans in Wilmington, DE

This article outlines the efforts of some business owners in Wilmington, DE to fight the city's plan to take their property using eminent domain laws.

Eminent Domain in Hays, KS - Just Compensation?

According to this article, the City of Hays, Kansas is considering exercising eminent domain to condemn Jude's Piano and Organ Co., 2200 Canterbury, to begin a $2.4 million project that will connect Canterbury to Commerce Parkway via 22nd Street.

From the article: "Property owner Judith "Jude" Scheck said the offer is not adequate. 'The initial offer is still standing at $63 per foot,' she said. 'I cannot find a contractor that will build for $63 a foot.' She said contractors have told her it costs $135 per foot to build residential buildings."

Shallotte Point Residents Proactive in Defending Property Rights

Residents of the Shallotte Point community have been proactive in standing up for their private property rights.

From the Wilmington Star News: "About 400 residents in Shallotte Point signed a petition in May opposing legislation that would have allowed residents in the area and others near Shallotte to request annexation into the town without going through the required steps of getting approval from other nearby jurisdictions."

Click here for the article

Oak Island puts new beach clubs on hold

From the Wilmington Star-News:

Oak Island puts new beach clubs on hold