JLF Memo
Oct. 5th, 2010: - johnlocke.org

Featured Article

All Economic Development Takings Don't Look Alike
By Daren Bakst

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In the Spotlight

When the government seizes private property and transfers that property to a developer for his private economic gain, it is a clear economic development taking.

There are other economic development takings, however, that aren't always as easy-to-spot. What happens, for example, when the government seizes private property for a road in order to improve traffic flow into a new development? A few years ago, someone contacted me about such a situation. As it turns out, it's a common occurrence, and that type of taking appears to be a concern in Gastonia.

In those situations, the government will argue that the taking is for a public use (i.e., a road). The taking really is for the developer, however; it would not have occurred but
for the fact that a developer needs the road. If there were no economic development project, the taking never would have occurred.

Those types of takings need to be prohibited just like any other economic development taking.

Quick Takes

Buncombe County commissioners may limit steep-slope building


Commissioners are scheduled Tuesday to consider rules designed to restrict development on steep slopes and ridgetops.

They will hold a public hearing on two versions of revisions to steep-slope development rules: One would exempt some developments now subject to the rules. Another would keep the rules' threshold the same. Both would tighten other standards.

Together, the rules would make it significantly harder to build on steep mountain slopes and prominent ridges.


Jamestown takes first step in forced-annexation process


The town of Jamestown has taken the first step to annex adjacent unincorporated areas. As reported in the Jamestown News regarding what happened at a recent town council meeting:


[The town council h]eard a presentation by Johnson [town planner] about the steps required to annex an area. No specific area was mentioned in the meeting.

"I think that it would be prudent to consider a Resolution of Consideration for all areas in the Extra Territorial Jurisdiction," said Johnson.


Anyone living near Jamestown should immediately find out what areas are being considered for annexation.


As homeowners associations spread, so do conflicts


Conflicts arise between residents and the homeowners associations that govern their neighborhoods and homes, whether it's Peter Darius' homemade additions, Brenda Hulbert's Leyland cypresses or Donna Knight's berm.

A General Assembly House committee expects those issues to increase as North Carolina's population and the number of homeowners associations increase, according to the committee's draft report.

Homeowners associations govern 53 percent of owner-occupied homes in North Carolina -- a percentage that is expected to grow along with the state's population during the next decade.

Upcoming Events

Tuesday, Oct. 5th, 2010 at 6:00 p.m.
Western N.C. Freedom Club Meeting
with our special guests -
Western NC Freedom Club Meeting

Wednesday, Oct. 6th, 2010 at Noon
Piedmont Freedom Club Meeting
With our Special Guests -
Piedmont Freedom Club Meeting

Thursday, Oct. 7th, 2010 at 12:00 noon
A Judicial Candidate Forum
with our special guests Candidates for Judge Wynn's Seat
Attendees will have a chance to hear from many of the candidates for Judge Wynn's Court of Appeals seat. There will be questions from both a moderator and the audience.

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