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Eminent Domain Committee Formed By Black |
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POSTED: 6:27 pm EST December 7, 2005
UPDATED: 6:27 pm EST December 7, 2005
RALEIGH, N.C. -- The state House will examine whether North Carolina should change its eminent domain laws to protect private property following a U.S. Supreme Court ruling this year. House Speaker Jim Black announced Wednesday the creation of the House Select Committee on Eminent Domain Powers, which will make recommendations to the General Assembly when it convenes again in May. In June, the Supreme Court ruled local governments could use eminent domain authority to seize homes for private development. But the justices also said states could ban such practices. "We must examine our state laws that protect property rights and make necessary improvements, if needed, to ensure private property is not seized by local governments solely to benefit commercial developers," Black said in a news release. Existing North Carolina law lays out nine conditions under which cities and counties can condemn private land, including creation or expansion of roads, parks, sewer lines and government buildings. Private development currently isn't on that list. The 11-member panel will be led by Reps. Bruce Goforth, D-Buncombe, and Wilma Sherrill, R-Buncombe. Sherrill said Tuesday she supports an amendment to the North Carolina constitution that would prohibit the taking of private property "by governments in the name of economic development." The panel also will examine whether current procedures used by governments to condemn private property provide ample rights to the tracts' owners and the true market value for payments.
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