In an interesting and new twist in the forced annexation fight, Pinewild, a Moore County gated community was annexed against their will by the city of Pinehurst in June 2007. A group of Pinewild residents filed a petition in Moore County Superior Court (07 CVS 01204) on August 8, 2007 asking for a review of the ordinance under which they have been annexed.
The lawsuit is not that unusual but one of the claims in it is. Pinewild residents claim that in addition to their private homes, they also own and maintain the roads, ponds, golf courses, walking trails, a historic cemetery and other privately owned and maintained amenities in their gated community. They also have their own security force. They own the property rights and legal interests in all of the roads and other amenities. When the city of Pinehurst annexed Pinewild, they also annexed all those commonly held property rights as well.
Under the Fifth Amendment of the US Constitution and Article I, Section 19 of the North Carolina Constitution, the government cannot take an individual?s property for public purposes without paying the property owner(s) just compensation. Pinehurst has not offered to pay the residents of Pinewild anything for this government ?taking.? Pinewild residents claim the city of Pinehurst owes them just compensation of over $3 million for taking their common interest property in this forced annexation.
Pinewild residents are plenty mad about being annexed against their will and made to pay taxes for services they neither want nor need. It will be interesting to see how the residents of Pinehurst feel about having to pay additional taxes to pay $3 million in just compensation if the Pinewild group prevails in this petition.
Becki Gray
Director, State Policy Resource Center
