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...

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...

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

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

Raleigh: Berkshire Downs residents fighting annexation

From WRAL.com: Berkshire Downs residents fighting annexation

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...

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.

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...

Colorado: Bill to protect landowners in railroad relocation dies

Bill to protect landowners in railroad relocation dies

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...