Archives: Daren Bakst

In 2004, the legislature went too far in passing a complete and permanent ban on gun possession by all ex-felons. In August 2009, the North Carolina Supreme Court in Britt v. North Carolina held that those changes were unconstitutional as applied to the plaintiff, Barney Britt.

Wind power advocates are pushing for commercial wind turbines along the mountain ridgelines - the mountains and the coast are the only locations where wind is viable in North Carolina. These commercial wind turbines can be as tall as 500 feet or the height of 50-story skyscrapers. The Ridge Law generally prohibits most tall buildings over 40 feet from being built along the ridgelines.

In North Carolina, the government can invoke eminent domain and seize private property even if reasonable alternatives exist to using this power. A recent Senate bill (SB 600) would allow conservation easement holders to challenge takings in court by requiring the government to prove that no prudent and feasible alternatives exist to condemnation of properties encumbered by conservation easements.

Either version (House or Senate) of the smoking ban bill is a major threat to personal freedom and property rights. The Senate is considering a bill that would prohibit smoking in “public places” and “places of employment,” such as restaurants. The House version has the same general prohibition, but it also would include a very narrow exception for businesses that do not serve or allow entry to minors.

Policymakers in the many local governments of North Carolina face a host of important challenges. This issue guide offers solutions to problems that confront North Carolinians at municipal and county levels. The common thread in these recommendations is freedom. By increasing individual freedom, local governments can foster the prosperity of all North Carolinians and keep open avenues to innovative solutions from enterprising citizens.

North Carolina may for the first time begin regulating emissions of carbon dioxide (CO2), an invisible, odorless gas prevalent in almost every sector of the economy and also vital to human health. The Environmental Management Commission, a state commission that adopts environmental regulations, is considering regulations that would mandate certain facilities to report their CO2 emissions. These regulations would lay the groundwork for far costlier CO2 regulations.

Even those commission members who would have wanted a proper definition of “meaningful services” had to oppose the weak definition provided to them by the legislative staff. The chair prohibited commission members from amending the definition. The recommendation was so weak that it would have allowed municipalities forcibly to annex areas without providing water and sewer service.

Forced annexation is a kind of city-initiated annexation that allows municipalities unilaterally to force citizens living in unincorporated areas into the municipalities. North Carolina has an extreme annexation law even among states classified by recent studies as forced-annexation states.

In June 2008, the U.S. Supreme Court in a case called Davis v. Federal Elections Commission struck down a federal law that punished Congressional candidates for spending too much of their own money on their campaigns. Under that law, once personal spending exceeded a threshold level, the opposing candidate was given fundraising advantages.

Real reform of the state’s regressive annexation law does not mean getting rid of annexation generally or even city-initiated annexation. However, it should mean getting rid of the practice of forced annexation that allows municipalities to unilaterally force individuals in unincorporated areas to live within the municipalities.