July 3, 2006

N.C. General Assembly Looks To Close Eminent Domain Loophole

By N.C. General Assembly Looks To Close Eminent Domain Loophole

MSNBC has this story on eminent domain reform attempts in North Carolina. Excerpt:

The state's loophole is due to a clause about using eminent-domain powers for urban redevelopment of blighted areas, which are defined as areas where two-thirds of the properties are blighted. The statute says that in such cases, the entire area could be condemned by the local government, as was the case in Connecticut. The Senate bill will try to amend that language to say that only blighted parcels could be taken via eminent domain for a private project.

"The fear that happened was people saying 'Is our statute broad enough to allow for this type of eminent domain action?'" he said.

Brunstetter said it was Sen. Phil Berger, R-Guilford/Rockingham, who found the loophole late Tuesday, while the Senate was considering a bill on the subject. Now that bill has gone back to the Judiciary Committee for further language adjustments. While it was not immediately known when the bill might next be taken up, Brunstetter said he thought it would eventually pass.

(Read more…) (Hat tip: NC News Wire.)

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