PolifrogBlog

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Thursday, April 7, 2011

Kelo and the NC Constitution...

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In 2005 the U.S. Supreme Court decision gave us Kelo - government can seize land from private individuals for the purpose of allowing other private individuals to develop it.

BlueRidgeNow:
The GOP made passing the eminent domain amendment a part of its campaign platform.

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The House Judiciary Committee recommended a proposed constitutional amendment...The bill, which now goes to the full House for an expected Thursday vote, would enshrine in the state constitution certain protections for landowners if approved by voters statewide in a November 2012 ballot.

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The proposed amendment would let North Carolina voters decide whether to add language to the state constitution to bar condemnation of private property by state or local governments except for a "public use." That could include highways, railroads or natural gas pipelines.


Another safeguard is access to a jury trial to assure just compensation if the property owner requests.

Constitutional amendments make me nervous, but loss of property rights make me more nervous. Private property should be protected from government.

However, considering the difficulty in passing constitutional amendments I can't help but wonder if this is simply a path by which good law or appropriate change is left to die while at the same time meeting campaign promises.



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