March 9, 2010  
 
Eminent Domain   
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Lately, many people have gotten their panties in a wad over a recent US Supreme Court ruling involving a Connecticut case where a town government wanted to use imminent domain to force the sale of private property to a developer under the pretense that this sale would result in economic improvement for the citizens of the town.  People all over the country have been up in arms.  And the ruling gave plenty of talk

time to cable TV shows.

 

What I don’t understand is why are people now getting concerned about property rights?  Private citizens have already lost so many property rights, long before this ruling.

 

Want to build an outbuilding on your property?  Better get a permit; same with a deck, a porch, anything such as this.  Of course, these permits are also designed to bring in more tax revenue since government can keep track of improvements.  So permits are a double-edged sword.

 

Want to have a party in your yard?  Better check the ordinances.

 

Want to have a yard sale?  Better not until you find out what local government has to say.

 

Want to sell off a few lots on your property?  This time, don’t stop at your local government; check with your state government.  Some states require roads that meet state specifications be built on property before parcels are sold off.  How many private citizens can afford that?  This leaves development to big developers

 

Want to have a Fourth of July, Memorial Day or Labor Day community parade?  Check your county/city ordinances.

 

Want to burn some leaves in your backyard?  Check the ordinances.

 

Want to have a dog?  Be prepared to buy a fence, and keep the dog on a leash when outside the fence.  This is the law of the land in many areas.

 

Want to put a mobile home on your land?  There are too many restrictions against mobile homes to begin listing.  Is this the American way?  River Landing management was worried that mobile homes might be put next to their exclusive retirement village.  What kind of person would want to live at a place like River Landing

 

State governments and the federal government use imminent domain to build roads, many of those roads may not be needed at the present time.  However, they are built with the anticipation that growth will follow; and it does.  And before long, the road is clogged with traffic, with pollution, both of which is undesirable.  This is backroom planning by government and big developers.

 

Some roads have been built at the behest of big business, which brings up an interesting question.  Why do governments (local and state) give away our money (taxes) as incentives to bring in big businesses, sometimes to the tune of millions of dollars?  This is citizen money.  It does not belong to a few elected officials who have their own agenda and who are influenced by big business and lobbyists.  This is pure and simply corporate welfare.  If any big business asked for money to locate in an area or to remain in an area if “incentives” were given to them, we should tell them to look elsewhere.  If what we have to offer other than incentives is not good enough, then go elsewhere.

 

The list of recipients of corporate welfare is too long to list.  Regardless of what a corporation brings to the table, it generally benefits a few people.  The number of people they hire may be only 50 or so; therefore, the local citizens who paid for the incentives are not receiving anything for their tax dollars.  And many times the corporations will bring in people from other areas to fill the top spots.  I am not interested in bragging rights about a Dell distribution center locating in our area, or whatever corporation it might be; and certainly not a FedEx hub that has 200 flights per night causing pollution and sleepless nights.  I am interesting in governments being good stewards of our tax money.  Giving our tax money to big corporations is not good stewardship.  Corporate incentives should be unconstitutional.  Someone needs to step forward and make this happen.

 

Another example of poor stewardship of taxpayers’ money is allowing River Landing or any other “nonprofit” retirement home to operate tax free.  This is simply wrong!  The legislature in the state of North Carolina is responsible for the statute that allows this tax free arrangement.  What gives the state legislature the right to legislate the non-collection of property tax revenue?  Collecting property taxes is the job of county and city governments.  The money collected is used by the counties and cities to meet obligations, including education.  For the state to pass a statute that causes counties and cities to lose property tax revenues without input from the counties and cities should be unconstitutional. 

 

I feel certain that the North Carolina Council of Churches and other religious groups, including River Landing, lobbied the NC state legislature to get the statute passed.  (Please see tab “NC Statutes”)

 

North Carolinians are asleep at the switch.  We have no idea what government is doing with our tax money.  And the politicians like it this way!  It is time we got involved.  Write, e-mail, visit or whatever it takes to get their attention.  It is OUR money politicians are giving away to people who don't need or deserve it!!!

 

Remember this:  Bad representatives can be voted out of office.  Unfortunately, these bad representatives make “Bad Laws” while they are there.  And it is Bad Laws that are so difficult to overcome.  How do we get rid of the law that takes property taxes away from our counties and cities?  Write and demand the repeal of GS105-278.6 and.7!!!!  (Please see tab "NC Statutes/NC Statutes re Home for the sick, aged, or infirm)  Everyone should pay their fair share, including exclusive retirement homes that benefit a few people.

 

Below is a list of contact numbers and e-mail addresses of a few legislators, as well as the mailing address of the NC General Assembly.

 

Mailing Address:  NC General Assembly

                            Legislative Building

                            16 West Jones Street

                             Raleigh, NC 27601

 

Guilford County

 

Name                                                    Phone Number           E-mail          

Representative Alma Adams                    919-733-5902          Almaa@ncleg.net

Representative John Blust                        919-733-5806          Johnbl@ncleg.net

Representative Pricey Harrison               919-733-5771          Priceyh@ncleg.net

Representative Maggie Jeffus*                919-733-5191        Maggiej@ncleg.net

Representative Earl Jones                       919-733-5825          Earlj@ncleg.net

Representative Laura Wiley                    919-733-5877          Lauraw@ncleg.net

Senator Phil Berger                                 919-733-5708          Philbe@ncleg.net

Senator Katie Dorsett                              919-715-3042           katied@ncleg.net

Senator Kay Hagan                                 919-733-5856          kayh@ncleg.net

 

Randolph County

 

Representative Harold  Brubaker            919-715-4946         Brub@ncleg.net

Representative Pat Hurley                    919-733-5865         Path@ncleg.net

Senator Jerry Tillman                              919-733-5870         Jerryt@ncleg.net

 

*Co-sponsor of GS 105-278.6 and .7 which gave "nonprofit" status to exclusive retirement homes like River Landing and others. 

 

 

 

 

 

 

 

 

 

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