Snow
introduces plan to strengthen private property rights
Eminent domain laws must allow more protection for property owners
Raleigh — Sen.
John Snow introduced legislation today in the North Carolina
Senate to strengthen property owners’ protections against
the use of eminent domain by local governments.
Snow’s
proposal explicitly prohibits local governments from using eminent
domain to seize private property for economic development
purposes.
“Owning a home is part of the American dream, and people work
hard to make that dream come true,” Snow said. “Local
governments should not be in the business of bulldozing people’s
homes to make way for a new shopping mall or fast food stand.”
The Bill of Rights and the North Carolina Constitution both guarantee
that North Carolinians cannot be deprived of their property without
due process of law, and that private property cannot be taken for
a public purpose without just compensation.
But
last summer the US Supreme Court ruled that economic development
qualifies
as a “public purpose,” meaning that it would
not be a violation of the US Constitution for local governments to
condemn and acquire property for what they view as economic development.
“I have heard from hundreds of people throughout my Senate
district who fear that their homes or businesses could be taken away
from them for economic development reasons and they demand eminent
domain reform,” Snow said. “While North Carolina’s
laws currently do not allow local governments to take property for
this purpose, we need to strengthen those laws and make it crystal
clear to everyone that the rights of private citizens will come first.
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