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To: brazzaville
"Taking your land to build luxury condos on it is different from taking your land to build a highway on it. This decision makes it easier for land to be taken for commercial purposes."

When you think about it, there's really nothing to stop the state from streamlining the whole process. Create an 'Office of Eminent Domain' where businesses simply point out property they want and show that there will be at least some increase in tax revenue. The state agency then seizes control of the property. Even better, the state could put into law that commercial entities can deal directly with private citizens on such matters. In other words, someone from Walmart phones you up at home and, instead of trying to sell you something, tells you there's a check on its way to you and to be out of the house by July 10th.
680 posted on 06/24/2005 9:11:22 AM PDT by NJ_gent (Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.)
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To: NJ_gent
Even better, the state could put into law that commercial entities can deal directly with private citizens on such matters.

Yes, North Carolina apparently already allows "private condemnors" who don't need the state's assistance in takings. (Fortunately, North Carolina tries to restrict these activities, but still I was surprised to read that any state allows private bodies to condemn private property):

§ 40A-3.  By whom right may be exercised.

(a)       Private Condemnors. – For the public use or benefit, the persons or organizations listed below shall have the power of eminent domain and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law.

(1)       Corporations, bodies politic or persons have the power of eminent domain for the construction of railroads, power generating facilities, substations, switching stations, microwave towers, roads, alleys, access railroads, turnpikes, street railroads, plank roads, tramroads, canals, telegraphs, telephones, electric power lines, electric lights, public water supplies, public sewerage systems, flumes, bridges, and pipelines or mains originating in North Carolina for the transportation of petroleum products, coal, gas, limestone or minerals. Land condemned for any liquid pipelines shall:

a.         Not be less than 50 feet nor more than 100 feet in width; and

b.         Comply with the provisions of G.S. 62-190(b).

The width of land condemned for any natural gas pipelines shall not be more than 100 feet.

(2)       School committees or boards of trustees or of directors of any corporation holding title to real estate upon which any private educational institution is situated, have the power of eminent domain in order to obtain a pure and adequate water supply for such institution.

(3)       Franchised motor vehicle carriers or union bus station companies organized by authority of the Utilities Commission, have the power of eminent domain for the purpose of constructing and operating union bus stations: Provided, that this subdivision shall not apply to any city or town having a population of less than 60,000.

(4)       Any railroad company has the power of eminent domain for the purposes of: constructing union depots; maintaining, operating, improving or straightening lines or of altering its location; constructing double tracks; constructing and maintaining new yards and terminal facilities or enlarging its yard or terminal facilities; connecting two of its lines already in operation not more than six miles apart; or constructing an industrial siding.

(5)       A condemnation in fee simple by a State-owned railroad company for the purposes specified in subdivision (4) of this subsection and as provided under G.S. 124-12(2).

The width of land condemned for any single or double track railroad purpose shall be not less than 80 feet nor more than 100 feet, except where the road may run through a town, where it may be of less width, or where there may be deep cuts or high embankments, where it may be of greater width.

No rights granted or acquired under this subsection shall in any way destroy or abridge the rights of the State to regulate or control any railroad company or to regulate foreign corporations doing business in this State. Whenever it is necessary for any railroad company doing business in this State to cross the street or streets in a town or city in order to carry out the orders of the Utilities Commission, to construct an industrial siding, the power is hereby conferred upon such railroad company to occupy such street or streets of any such town or city within the State. Provided, license so to do be first obtained from the board of aldermen, board of commissioners, or other governing authorities of such town or city.

No such condemnor shall be allowed to have condemned to its use, without the consent of the owner, his burial ground, usual dwelling house and yard, kitchen and garden, unless condemnation of such property is expressly authorized by statute.

The power of eminent domain shall be exercised by private condemnors under the procedures of Article 2 of this Chapter.


682 posted on 06/24/2005 9:36:09 AM PDT by snowsislander
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