Thursday, April 30, 2009
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...
Wednesday, April 22, 2009
Article: The Wrong Eminent Domain Amendment
by Daren Bakst of The John Locke Foundation
Editor's note: this article is the opinion of the author; the NC Property Rights Coalition has not yet taken a position on this particular amendment.
After the 2005 U.S. Supreme Court decision in Kelo v. New London, it's constitutional for the government to seize private property for economic development reasons. For example, your house or church could be seized so that a wealthy developer could build a shopping mall on your property.
Since 2006, eight states have passed constitutional amendments to protect against what are referred to as "economic development takings." There has been bipartisan support for a constitutional amendment in North Carolina. In 2007, the House passed an amendment by an overwhelming 104-15 vote. The state Senate, notorious for its opposition to property rights, let the amendment die.
Recently, some House members have introduced a new eminent domain amendment: House Bill 1268. The amendment would prohibit takings for economic development. It appears as if the amendment may be on the fast track. This may sound good on its face, but when it comes to this amendment, the cure is worse than the disease. The amendment would actually weaken, not strengthen, property rights. more...
Editor's note: this article is the opinion of the author; the NC Property Rights Coalition has not yet taken a position on this particular amendment.
After the 2005 U.S. Supreme Court decision in Kelo v. New London, it's constitutional for the government to seize private property for economic development reasons. For example, your house or church could be seized so that a wealthy developer could build a shopping mall on your property.
Since 2006, eight states have passed constitutional amendments to protect against what are referred to as "economic development takings." There has been bipartisan support for a constitutional amendment in North Carolina. In 2007, the House passed an amendment by an overwhelming 104-15 vote. The state Senate, notorious for its opposition to property rights, let the amendment die.
Recently, some House members have introduced a new eminent domain amendment: House Bill 1268. The amendment would prohibit takings for economic development. It appears as if the amendment may be on the fast track. This may sound good on its face, but when it comes to this amendment, the cure is worse than the disease. The amendment would actually weaken, not strengthen, property rights. more...
Federal government grants state of NC power to intervene in Alcoa licensing, possibly seize company's private property
The Federal Energy Regulatory Commission has granted the State of North Carolina's request to intervene in the relicensing process related to Alcoa's Yadkin Hydroelectrict Project.
Overview:
- According to The Salisbury Post, Alcoa Power Generating, Inc. OWNS and manages the dams, powerhouses and reservoirs related to the project.
- From The Greensboro News & Record: Federal regulators will allow Gov. Bev Perdue to have her say in the ongoing argument over whether Alcoa should be allowed to keep its electric generating plants on the Yadkin River. The Federal Energy Regulatory Commission (FERC) ruled Friday that Perdue could add her voice to those asking the U.S. government to withdraw Alcoa’s right to produce and sell electricity generated by hydroelectric dams along the river.
- According to The Greensboro News & Record: The FERC has never withdrawn a license in the way that Perdue is asking for, and the company says it should be allowed to maintain its business. Meanwhile, state legislators are drafting a law to create a nonprofit entity to take over Alcoa’s Yadkin River operations.
- According to The Salisbury Post, bills have been introduced in the N.C. Senate and House calling for the creation of a state trust for the ownership and operation of the hydroelectric project.
- According to The Salisbury Post, Senate Bill 967, which would establish the state trust to own and manage the Yadkin Hydroelectric Project, won the unanimous support last week of the N.C. Senate's Judiciary II Committee. The bill has moved on to the Senate Finance Committee.QUOTES:
"If you look at the state taking over a private enterprise and running it for the benefit of the state, that is precedent setting." - Gene Ellis of Alcoa, News 14 Carolina, 4/2/09
"We had one experience in Venezuela with Hugo Chavez when he was the leader of that nation, they did take over one of our plants." - Gene Ellis of Alcoa, News 14 Carolina, 4/2/09
FAIR MARKET VALUE: According to the News 14 article, the state would have to buy the dams if they did get control. Ellis estimates the fair market value at "over half a billion dollars." Stanly County manager Andy Lucas has already indicated that the government will try to pay less than the fair market value, saying "If the federal government decides to recapture, there's a price on that and we believe that's the price. That price is different from what Alcoa has been citing and putting out there." News 14 Carolina, 4/2/09
Overview:
- According to The Salisbury Post, Alcoa Power Generating, Inc. OWNS and manages the dams, powerhouses and reservoirs related to the project.
- From The Greensboro News & Record: Federal regulators will allow Gov. Bev Perdue to have her say in the ongoing argument over whether Alcoa should be allowed to keep its electric generating plants on the Yadkin River. The Federal Energy Regulatory Commission (FERC) ruled Friday that Perdue could add her voice to those asking the U.S. government to withdraw Alcoa’s right to produce and sell electricity generated by hydroelectric dams along the river.
- According to The Greensboro News & Record: The FERC has never withdrawn a license in the way that Perdue is asking for, and the company says it should be allowed to maintain its business. Meanwhile, state legislators are drafting a law to create a nonprofit entity to take over Alcoa’s Yadkin River operations.
- According to The Salisbury Post, bills have been introduced in the N.C. Senate and House calling for the creation of a state trust for the ownership and operation of the hydroelectric project.
- According to The Salisbury Post, Senate Bill 967, which would establish the state trust to own and manage the Yadkin Hydroelectric Project, won the unanimous support last week of the N.C. Senate's Judiciary II Committee. The bill has moved on to the Senate Finance Committee.QUOTES:
"If you look at the state taking over a private enterprise and running it for the benefit of the state, that is precedent setting." - Gene Ellis of Alcoa, News 14 Carolina, 4/2/09
"We had one experience in Venezuela with Hugo Chavez when he was the leader of that nation, they did take over one of our plants." - Gene Ellis of Alcoa, News 14 Carolina, 4/2/09
FAIR MARKET VALUE: According to the News 14 article, the state would have to buy the dams if they did get control. Ellis estimates the fair market value at "over half a billion dollars." Stanly County manager Andy Lucas has already indicated that the government will try to pay less than the fair market value, saying "If the federal government decides to recapture, there's a price on that and we believe that's the price. That price is different from what Alcoa has been citing and putting out there." News 14 Carolina, 4/2/09
Forced Annexation in Wilmington
by Daren Bakst of the John Locke Foundation
Wilmington's Annexation Abuse
If property owners are being forcibly annexed and want water and sewer services, they must request water and sewer lines be provided to their property within 5 days after what is called a public hearing. The public hearing is basically a venting session where annexation victims can tell city commissioners (who don't listen) what they think about the annexation.
Wilmington just had their public hearing this week. As I was looking on the city's annexation web page, I saw the FAQ document the city developed for the annexation victims. This is the document many people will read (as opposed to the unintelligible annexation plan) Here's something it said:
“How long will it take to get water and sewer service?
Installation of water and sewer lines will occur in two phases. First, the major water and sewer lines that all other smaller lines feed into must be constructed. Then, the smaller hookups to individual residences and businesses will occur. The city plans to have both phases completed within two years of the effective date of the annexation; however, by state law only the first phase must be completed within two years of the effective date of annexation.”
more
Wilmington's Annexation Abuse
If property owners are being forcibly annexed and want water and sewer services, they must request water and sewer lines be provided to their property within 5 days after what is called a public hearing. The public hearing is basically a venting session where annexation victims can tell city commissioners (who don't listen) what they think about the annexation.
Wilmington just had their public hearing this week. As I was looking on the city's annexation web page, I saw the FAQ document the city developed for the annexation victims. This is the document many people will read (as opposed to the unintelligible annexation plan) Here's something it said:
“How long will it take to get water and sewer service?
Installation of water and sewer lines will occur in two phases. First, the major water and sewer lines that all other smaller lines feed into must be constructed. Then, the smaller hookups to individual residences and businesses will occur. The city plans to have both phases completed within two years of the effective date of the annexation; however, by state law only the first phase must be completed within two years of the effective date of annexation.”
more
Sunday, April 19, 2009
Friday, February 27, 2009
Raleigh property owners must now register rentals
From WRAL: People who own residential rental property in Raleigh have from March 1 until April 30 to register their property under a city ordinance adopted last year. more...
Tuesday, February 10, 2009
NCPRC expects eminent domain amendment to be introduced
We expect an eminent domain amendment to be introduced at the General Assembly in the coming weeks. Such an amendment would protect your property from being unjustly seized for purposes other than a legitimate public use such as a school or road.
On May 24, 2007 a proposed eminent domain amendment (HB 878) passed the NC House by a vote of 104-15. On May 29, 2007, the bill was referred to the N.C. Senate's Ways & Means Committee -- which had not met since 2001. The bill was clearly sent away to die.
We will keep you posted on the progress of the eminent domain amendment once it is introduced. We hope that the House & Senate leadership will give it the fair hearing it deserves.
On May 24, 2007 a proposed eminent domain amendment (HB 878) passed the NC House by a vote of 104-15. On May 29, 2007, the bill was referred to the N.C. Senate's Ways & Means Committee -- which had not met since 2001. The bill was clearly sent away to die.
We will keep you posted on the progress of the eminent domain amendment once it is introduced. We hope that the House & Senate leadership will give it the fair hearing it deserves.
Wilmington: Battle lines are drawn as City Council approves annexation
WWAY TV3: Council chambers were packed with residents in red who oppose the forced annexation of Monkey Junction. All but one council member voted to move forward with the annexation process. more...
Cary Tea Party Protests Annexation Re-Zoning Along Swift Creek Watershed
Hundreds of citizens are expected to rally before the Cary Town Hall Feb. 12th before the Town Council's public hearing. They gather for a Cary Tea Party to voice their opposition to the forced annexation of their Wake County homes. more...
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...
"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...
Monday, February 02, 2009
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:
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...
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...
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
Statesville Record & Landmark - Hearing nears on Langtree annexation
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
Subscribe to:
Posts (Atom)
