Professor: N.C. unaffected by Supreme Court condemnation ruling

Durham Herald-Sun [Herald-Sun.com] ^ | June 23, 2005 | Staff

[Constitution Day]

Professor: N.C. unaffected by Supreme Court condemnation ruling

The Associated Press
June 23, 2005   4:55 pm

RALEIGH, N.C. -- A U.S. Supreme Court ruling Thursday that allows local governments to seize homes and businesses against the will of the owners for private development won't affect North Carolina, a professor said.

Existing North Carolina law lays out nine conditions under which cities and counties can condemn private land, including those to create or expand roads, parks, sewer lines and government buildings.

But private development isn't on that list, said David Lawrence, a professor at the University of North Carolina School of Government specializing in local government issues.

The Supreme Court has no impact unless the Legislature seeks to add to the list, Lawrence said.

In a case involving Connecticut residents, the justices voted 5-4 that officials in the town of New London could condemn their houses and raze them to make way for a private office complex.

New London officials countered that private development plans served a public purpose of boosting economic growth that outweighed the homeowners' property rights. The property owners still would see compensation for their land.

[Constitution Day]

FWIW. Doesn't make me feel any better about it, though.

[Constitution Day]

NC *Ping*

Please FRmail Constitution Day, TaxRelief OR Alia if you want to be added to or removed from this North Carolina ping list.

[Tijeras_Slim]

The Supreme Court has no impact unless the Legislature seeks to add to the list, Lawrence said.

The checks from developers are already in the mail.

[OpusatFR]

Can't a developer appeal to the SCOTUS and override the State? Seems that most State laws get overriden these days.

I'm not sure I understand the mechanics of the whole thing.

[jusduat]

If this remains true....NC may be a good place to think
about for retirement.

[Sunshine Sister]

You can say that again. I wonder how much money those 5 "justices" on the court got for this.

[Constitution Day]

You know it.

[F.J. Mitchell]

North Carolina is way ahead of this Court Ruling. Isn't the State Motto: " Property rights? What property rights?" Written in Latin of course.

[TheBigB]

The majority USSC opinion said specifically that nothing in their decision would preclude the states from passing laws making their own eminent domain laws much more stringent.

Still sucks, tho'...

[wyattearp]

I'm not sure I understand the mechanics of the whole thing.

It depends on your state constitution. If the matter of eminent domain is dealt with in your state constitution in a more restrictive manner than it is in the US constitution, then the state constitution prevails. Any challenge would go to the state supreme court instead of to the feds. If it is just a law however, laws can be rewritten by the legislature at the behest of the lobbyists.

[TommyDale]

Anyone think that the large number of gun owners in North Carolina also carries some weight?

[F.J. Mitchell]

Probably enough that a certain five justices will soon retire and each move to his/her own private tropical island.......maybe this ruling could work out in our favor......

[george wythe]

The majority USSC opinion said specifically that nothing in their decision would preclude the states from passing laws making their own eminent domain laws much more stringent.

That means that the good people of Connecticut will have to fight now at the state level.

I hope that all states will pass legislation similar to North Carolina's laws.

[Virginia Ridgerunner]

I was wondering the same thing. Seems to me that a developer/crooked local board could now argue that state laws with their eminent domain restrictions are unconstitutional based upon yesterday's ruling and could therefore result in the trumping of such laws by federal courts. I think the Pandora's box is definitely now open and no one's home is safe, no matter which state he or she lives in... This really is a reprehensible ruling.

[F.J. Mitchell]

Could be-depending upon the caliber of the weapon of course.

[TheBigB]

From the actual text of the ruling...

We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose “public use” requirements that are stricter than the federal baseline. Some of these requirements have been established as a matter of state constitutional law,22 while others are expressed in state eminent domain statutes that carefully limit the grounds upon which takings may be exercised.

[Sprite518]

I hate to put down your party. It is only a matter of time now before the Federal government can do this. Mark my words. Just think about it. Do you really think the Federal government is going to let local governments have this type of power alone?

[aspiring.hillbilly]

Its already in the great state of Georgia's Constitution.

A truly despicable ruling... no part of the Constitution gives one citizen the right to use the color of law to plunder private property from another citizen for personal gain. This, along with other rulings citing "foreign laws" makes an overhaul of the court overdue. Congress should start impeachment proceedings against several of the most onerous justices, and they are impeachable: Article. III. Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices "during good Behaviour", and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

[Constitution Day]

North Carolina General Statutes: §40A. Eminent Domain.

[Sunshine Sister]

One can only hope. I wonder if any of these 5 bozos ever get on the Internet? If so they are getting their sit down parts kicked up one side and down the other and deservedly so.