Eminent Overreach

Since the midterm elections, much has been made of waste and profligate spending at the federal level. However, there is a more serious problem which exists at the local level; to wit, the creeping expansion of eminent domain.

In plain terms, "eminent domain" is the power of state, local, or federal government to expropriate private lands in exchange for compensation if they are needed to complete a project that benefits the larger community. Historically, the use of this power has been limited to services of obvious importance, such as highways, power lines, or water mains. This power was included in the Constitution in order to enable the government to better serve its citizens.

Unfortunately, as is often the case, dishonest or manipulative officials often misuse this power by seizing private property and awarding it to businesses for commercial development. This twists the meaning of "public use" and sets a dangerous precedent: by this reasoning, government officials can always find a "more beneficial" use for your property. To make matters worse, in 2005, the United States Supreme Court struck a decisive blow for those who disenfranchise property holders and upheld this abuse of power. Now there is nothing to prevent any level of government from deciding that a family farm, private lot or home could "benefit the community" in the hands of a business or developer, rather than in the hands of the owners who hold the deed(s) and made the payments.

This arbitrary use of the Fifth Amendment runs counter to the intent of the Founding Fathers, who considered property rights to be an integral part of our rights as citizens. Private property ownership is a matter of practicality, for it sparks economic growth and forms a solid foundation for healthy communities. More importantly, however, it is a matter of basic justice: any politician who maintains the right to take away your home has betrayed the trust placed in them by their constituents.

When I ran for the state senate, I pledged to focus on strengthening our state economy and reinforce our communities. Private property lies at the heart of both matters, for without vigorous protection of property rights, city and county government can privilege larger, established companies over smaller businesses. It is vital that we allow entrepreneurs room to grow, for they are the cornerstone of our economy.

At the same time, we must keep property rights intact for the good of towns and counties across the state. I chose to make my home in North Carolina because it is a wonderful place to settle down and raise a family. Families are the bedrock of our communities—it is my sincere hope that over the years, North Carolina will become an even more desirable place for newcomers to put down roots. Unfortunately, that is unlikely to be the case so long as private property remains at the mercy of governing bodies that prefer cutting deals with established businesses to preserving the integrity of their communities.

For these reasons, I proposed a bill on the floor of the North Carolina Senate which will curtail government incursions into private property. Use of eminent domain will be limited to only those projects which benefit the community; it will not be wielded to reward developers or enrich government at the expense of the public.

Similar bills have already been proposed in sixteen other states, and in North Carolina, our party caucus has approved the bill prior to its introduction. With enough support, I am confident that we can make significant progress towards protecting property rights in North Carolina.