NC needs a constitutional amendment to protect against eminent
domain abuse. There are several amendments that have been
introduced, some much better than others. As any amendment is
considered, it is imperative that it truly protects property rights
owners, and is not a watered down amendment to get something passed at
all costs.
For example, it is important to prohibit economic
development takings. However, this prohibition is not that
helpful if there is not some protection against the government doing an
end-run against this prohibition by abusing the state’s joke of an
urban redevelopment (UD) law. Since the UD law would allow the
government to seize certain property that causes economic harm, it is
for all practical purposes permitting the government to seize property
for economic development purposes. In other words, when the
government is allegedly fixing economic harm (which is allowed), it is
promoting economic development.
There is a bill introduced by Senator Boseman (D) and
co-sponsored by Senator Snow (D), that while not creating a
constitutional amendment, would make a major difference for all
property owners and for those most affected by the UD law: low-income
individuals and minorities. Their law would prohibit the use of
eminent domain in the UD law.
