eminent domain

RALEIGH – A West Coast success story can guide N.C. cities and towns looking to spur redevelopment. A new John Locke Foundation Spotlight report shows how Anaheim, Calif., boosted…

North Carolina cities and towns can spur redevelopment of their downtowns without using economic incentives or eminent domain to seize private property to give to private developers. The city of Anaheim, California, adopted policies that revitalized its downtown without using eminent domain powers or economic incentives. Under the leadership of Mayor Curt Pringle, Anaheim developed a plan that relied on reducing government regulations and stimulating private-sector investment.

RALEIGH – North Carolina needs to scrap forced annexation laws that violate democratic principles, help cities ignore their budget problems, and exclude minority neighborhoods. That’s the conclusion of a new…

Municipalities legally can acquire unincorporated areas next to their borders without the consent of the residents living in those areas. This process, called forced annexation, was supposed to promote sound urban development in areas that need municipal services. Instead, it has created a system in which cities ignore the areas most in need of annexation. Even worse, forced annexation is undemocratic and has contributed to the exclusion of minorities from municipalities. Forced annexation needs to be eliminated immediately, and significant annexation reform needs to be adopted.

RALEIGH – North Carolina’s constitution has the nation’s weakest property rights protection, even after state lawmakers addressed the topic in 2006. That’s the assessment of a new John Locke Foundation…

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. This policy report explains why North Carolina Needs a Constitutional Amendment to prevent such takings.

RALEIGH – A new public/private partnership could allow the Triangle Transit Authority (TTA) to take its history of eminent domain abuse to a new level. That’s a key finding in…

The Triangle Transit Authority (TTA) has been seizing private property for a rail system even though the necessary federal funding has never been secured. In late 2005, as it became clear that the rail was likely a dead project, the TTA still condemned land even though it meant forcing people out of their homes and businesses. TTA’s eminent domain abuse, however, may reach a new level. Through a possible public/private partnership, TTA may start using the already seized private property, and acquire additional private property, for economic development reasons. Unfortunately, current N.C. law may allow for these Kelo-type takings.

Current law does not protect North Carolinians from eminent domain abuse. The state and local governments can seize private property for economic development reasons. However, the potential for eminent domain abuse is far more extensive than these “economic development takings.” From the state’s dangerous urban redevelopment law to the government finding clever ways to seize property for private businesses, North Carolina needs comprehensive protection from eminent domain abuse.

RALEIGH – Last year’s landmark Kelo decision by the U.S. Supreme Court opened people’s eyes about government taking property for economic development. A new John Locke Foundation Spotlight shows…