Something odd is going on with regard to eminent domain in the state. In the wake of the Supreme Court’s awful Kelo decision, many states — including this one — are moving to increase protections private property owners have against some unit of government deciding to take their property. Enter the N.C. League of Municipalities.
The city lobby quickly says, hey, we don’t need that. Cities do nothing of the kind in this state:
Ellis Hankins, executive director of the N.C. League of Municipalities, said that cities and towns across the state haven’t asked for and don’t want the power to condemn property for economic development.
“State law does not authorize cities and counties to do what New London, Conn., did,” Hankins said. “In our opinion, there is nothing in North Carolina that needs to be fixed.”
Hankins must not know about changes made to Charlotte’s charter by the General Assembly in 2000 for the express purpose of allowing the city to condemn property for econ development. The power is limited to a defined area — in this case “an area bounded on the east by Berryhill Road, on the south by the Norfolk Southern Railroad, on the north by Wilkinson Boulevard, and on the west by Billy Graham Parkway” — but there is no denying the city wanted that power and got it.
More importantly, there is nothing to stop the city from one day going to the General Assembly and asking for that same power for another tract, say, something related to CATS’ grand plan for the Central Ave. streetcar line, perhaps? With millions in state and federal transportation money on the line, don’t you think that lawmakers would be tempted to grant such a request and steamroll a few property owners?
Without a bright line against using eminent domain for “economic development” there is no reason why this could not happen.
