Real Estate & Property Law

Property Rights in North Carolina

By Alan Ackerman

Gazette

The eminent domain restriction effort did make it to the floor of the House as the days in Raleigh were drawing longer and the temperature outside was rising. But that bill was sent back to committee and never got a floor vote.

 A parliamentary effort by one of the bill's primary sponsors, Rep. Paul 'Skip' Stam, R-Wake, to pull it out of committee and get a floor vote on the measure was blocked.

 Stam has pushed for an eminent domain constitutional amendment since the 'Kelo' U.S. Supreme Court decision in 2005. In that case, the nation's high court said that the U.S. Constitution's eminent domain clause did not block a local government from using its powers to take private property and deeding it to another private property owner for economic development purposes.

 A few years ago, a study committee looked at the eminent domain issue. As a result of the study, lawmakers tightened up the state's condemnation statutes but didn't amend the N.C. Constitution to protect property owners.

The citizens only have the choice of the ballot box to obtain a constitutional amendment to limit takings to traditional public uses.  The route is difficult and different in every jurisdiction.  In some states, such as NY and CT, it is well near impossible.

Full post as published by National Eminent Domain Blog on August 19, 2009 (boomark / email).