Eminent Domain Constitutional Amendment Needed

Word has it that the proposed constitutional amendment limiting the government's ablility to take private property except for clearly defined public purposes is bottled up in the State Senate. The proposal would explicitily prohibit the taking of property from one citizen and transfering the land to another private citizen in the name of "economic development". What is both curious and frustrating to supporters of the proposed amendment is that polls show an overwhelming percentage of North Carolinians support the change. Likewise, all the candidates for Governor, myself included, support the proposed amendment. So why isn't anything moving on it in the Senate?

I would submit that the answer to the question lies in two political realities. One is that the N.C. League of Municipalities is an extraordinarily powerful lobby when it comes to the General Assembly and the League and its constituent cities don't want to give up any of its power. And the power to take private property even with so-called just compensation, is too alluring, particularly when the magic term "economic development" is used. After all, doesn't government believe that it knows what should be done with your property much better than you the owner does?

You'll hear advocates for the League say that the constitutional amendment isn't needed and that private property could never be taken for purposes of economic development. Well, that is just plain wrong. I've studied the issue as a judge, law professor and as an advocate and I am firmly convinced that it can and ultimately will happen here...unless this constitutional amendment is passed.

The second point is how the concentration of power in the legislature means that legislation will simply never see the light of day...or a vote on the floor...if the "powers -that -be" don't want it passed. That's not how democracy is supposed to work.

So come on and don't let this effort to protect YOUR property rights get buried somewhere in a back room on Jones Street. And tell those local officials that the rights of citizens comes before the self interest of the League of Municipalities.