Column for March 22, 2007

Fighting eminent domain abuse

Usually, I strongly encourage government jobs to be done as cheaply and efficiently as possible. I believe that the government has the responsibility to be efficient and accountable with the tax payer funds they take and use from the citizenry. Just recently, however, I was reading news accounts that make me want the government to actually spend more money, a lot more money than originally planned. The Clayton bypass road project just got a few million dollars more expensive, and I am actually glad to see it.

It is a heinous thing when the government takes money from taxpayers unjustly and spends it with flagrant disregard for monetary, ethical, or legal sensibility. It is just as bad, perhaps even worse, when the government makes an obvious attempt to steal from a single citizen or family.

The Fifth Amendment to the US Constitution says "nor shall private property be taken for public use, without just compensation." Occasionally, the federal government, states, and municipalities will abuse their authority in taking private property.

Sometimes the execution of eminent domain is for public use. Other times it is solely for increasing tax base, such as in the Kelo vs. New London, Connecticut decision. That was one horrific and unjust decision. Basically, that decision stated that a municipal government may condemn a property and/or take it by eminent domain powers, then turn that property over to private developers. The developers would in turn make that property more valuable with construction and use that would produce more tax revenue. Either way, it is the legal theft of personal property to give to other private citizens to generate increased tax revenue. That is just immoral and does not serve the public good. Sure, more tax revenue is better for the rest of the tax payers, but the infringement of personal property rights is not a good and just thing.

Locally, we saw eminent domain abuse by the State of North Carolina. That state attempted to shaft property owners by not paying the fair value of the property being taken for the US 70 Clayton bypass. Donald and Edna Williamson are a couple that were getting hosed by the State of North Carolina and were not being paid the fair value for their property. Not only did the State condemn their property and then grossly undervalue it, their justification for the undervaluation was based upon a situation they themselves created for the property years ago when they took some of that farm for eminent domain use.

The first eminent domain property taken to build a highway left the remaining property with no main highway access, only service road access. Allegedly, that made the property less valuable. That is not a situation created by the couple who owned the property. It was solely a creation of the state. Now the state wants more of their property to do more highway construction. The state has undervalued the property, based upon the fact that they created a lack of access to the property previously. The polite way of saying it would be that it is ethically challenged behavior.

The couple put up a fight, had a private appraisal of their land, and won in court. To attempt to shaft the property owner while taking away their land "without just compensation" is disgraceful. I am glad to see that they won their case and will get their true, just compensation for their loss.

It should not have to come to a couple putting up a legal fight, spending money on private appraisers, and on legal fees. However, if that is what it takes to fight back against tyranny, then it must be done.

When you go to the polls and vote (and we have votes coming up in May and November), vote for issues and people who will protect your rights, not infringe upon them. If you are facing unjust eminent domain or even forced annexation, stand up and fight for what is right. We are the people. Supposedly, "government of the people, by the people, for the people" is our domain. We must be vigilant to hold said government accountable to be ethical and to protect the rights of us, the people.