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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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