eminent domain

Eminently meaningless?

lbonner — Thu, 19 Nov 2009 11:10:49 -0500

Will Sen. Tony Rand's departure from the legislature mean that the bill seeking to limit local government's use of eminent domain will have a big Senate shoe lifted from its neck?

Rep. Paul Stam, an Apex Republiican and House minority leader, hopes that with Rand gone, the bill might have DOA erased from its margins.

How much would it matter?

Tyler Mulligan, an assistant professor of public law and government at the N.C. School of Government, writes that the amendment wouldn't much change current practices.

You can read Mulligan's post on the topic on the School of Government blog.

Rand's departure means hope for some

bniolet — Thu, 19 Nov 2009 09:16:34 -0500

The departure of state Sen. Tony Rand has a lot of people wondering how the Senate will operate without the powerful master of rules, legislative maneuvers and hard-ball politics.

It even has state Rep. Paul Stam wondering if he'll finally get a favorite bill passed in the Senate. Stam, an Apex Republican and the chamber's minority leader, told Dome the other day that this could be the year that he gets a hearing in the Senate on a proposed constitutional amendment that would limit the government's use of eminent domain.

Stam just happened to have a copy of the bill with him, leading Dome to wonder if he carries it wherever he goes. The bill, which would prohibit the use of eminent domain if land would then be sold for economic development, didn't clear the House this year, but Stam said the Senate, and particularly Rand, have been the major obstacle in past years.

Dome asked whether Rand was the impediment or whether Rand was carrying out the wishes of the Democratic majority.

"That's what we'll find out," Stam said.

Domain bill condemned to committee

bniolet — Tue, 07 Jul 2009 16:19:48 -0400

The House sent a proposed constitutional amendment restricting condemnations back to committee.

The amendment would prohibit the government from taking property through eminent domain for the purpose of selling the property for economic development. The amendment would also establish in the constitution that government can't take property without just compensation.

"It is a universal desire of all people in all cultures and all places that they want their property secure from a taking by the governmet or a taking by anybody," said Rep. Paul Stam, a co-sponsor of the bill and an Apex Republican.

House members said the bill should be taken off the House floor because Stam offered amendments to the bill.

"It just bothers me that we have a bill on the floor to amend the constitution and we're going to amend it at the last minute," said Rep. Ronnie Sutton, a Pembroke Democrat.

Stam said his amendments were minor and not unusual and were being used as an excuse by opponents to kill the bill.

The House voted 60 to 56 to send the bill back to committee.

Another strategy for controversial bills

ryanteaguebeckwith — Fri, 13 Mar 2009 09:27:24 -0400

How should you title a bill on a controversial subject?

Another strategy: Don't say what you're doing.

As noted previously, one strategy is to give your bill either a heroic or bland title that gives no indication of its subject matter. But in some cases, you can mention the subject, as long as you leave out a crucial verb:

Eminent Domain: Compensate nonprofits whose properties are taken by the government at a higher price than fair-market value.

Access to Higher Education: Prohibit state colleges and community colleges from asking students whether they are illegal immigrants.

Modify Charter School Law: Among other things, change the cap on charter schools to allow six more to open each year.

The third bill is especially instructive when compared to titles of other bills that would raise or eliminate the cap on charter schools: Raise Cap on Charter Schools, Eliminate the Cap on Charter Schools, Remove Cap on the Number of Charter Schools and Increase Cap on Charter Schools.

Similar, but still more direct: Allow Charter Schools in 100 Counties.

More Senate bills

ryanteaguebeckwith — Wed, 11 Feb 2009 16:07:35 -0500

A few recent Senate bills of note:

S.B. 131: Penalty for DWI Conviction/BAC .20 or Higher, Sen. Don Vaughan

S.B. 137: Military Death / In-State Tuition / Dependant, Sen. Neal Hunt

S.B. 138: Salvia Divinorum Schedule I, Sen. Bill Purcell

S.B. 147: Tax Credit for Energy-Efficient Homes, Sen. A.B. Swindell

S.B. 155: Community Colleges Can't Admin Illegal Aliens, Sen. Phil Berger

S.B. 157: Eminent Domain, Sen. Phil Berger

Stam gives session mixed grades

ryanteaguebeckwith — Fri, 18 Jul 2008 16:32:14 -0400

House Minority Leader Paul Stam gives the session a mixed report card.

The Apex Republican said he was satisfied with his party's ability to block objectionable bills, though he wishes that more of it's bills got a chance to be heard. His grades:

Stopping Bills: A. Stam was glad that minority Republicans were able to block a tax on small businesses to pay for a high-risk insurance pool and a bullying bill that included references to sexual orientation as well as several proposed tax rate increases.

"Basically, they were unwilling to pass any new taxes because we had the votes," he said.

Passing Bills: D. He was upset that Democrats didn't allow a constitutional amendment to limit eminent domain and a tax credit for special-needs children to attend private school or be home-schooled to be voted on.

"They just don't bring our bills up for a vote," he said.

Legislative Process: B+. Stam said that about seven times this session the Democratic leadership called for a vote on a bill or amendment without a debate, including major votes such as the 2007 state budget and bills on the death penalty.

"Under (disgraced former Speaker) Jim Black, that would have happened about 70 times," he said. "There's been a vast improvement but the majority is still using its ability to stifle debate."

Correction: An earlier version of this post misstated two pieces of legislation.

Bob Dole to speak outside legislature

ryanteaguebeckwith — Fri, 13 Jun 2008 13:59:34 -0400

Bob Dole is coming to the General Assembly.

The former Senate Majority Leader and one-time presidential candidate will speak on the Halifax Mall in front of the state legislature at 4:30 p.m. on June 25.

Dole will be a guest of the conservative Americans for Prosperity group, which is holding a Take Back Our state rally to draw attention to issues it believes the legislature has ignored including restricting eminent domain, cutting spending and passing a constitutional amendment restricting gay marriage.

"We're hitting a number of issues that have seen inaction," said Americans for Prosperity spokesman Dallas Woodhouse.

Dole is the husband of U.S. Sen. Elizabeth Dole, who is seeking re-election this year. He is not charging a speaker fee for the event.

Former Maryland Lt. Gov. Michael Steele will also speak at the event. More details are available here.

GOP outlines budget priorities

ryanteaguebeckwith — Tue, 13 May 2008 11:38:07 -0400

Republicans object to the so-called "sin taxes."

At a press conference this morning, Republican leaders of the state House and Senate said that the state budget should not raise taxes on alcohol and cigarettes.

"In tough economic times, it is not the time to raise taxes, particularly the taxes that hit the poorest people," said Senate Minority Leader Phil Berger.

He called the governor's budget "an attempt at legacy building."

For their budget priorities, Berger and House Minority Leader Paul Stam called for cutting spending, completely ending the annual transfer from the Highway Trust Fund, putting a roads bond before voters in November and not raising any state taxes.

On non-budget items, they called for lifting the cap on charter schools, putting constitutional amendments banning gay marriage and curtailing the use of eminent domain before voters, making the murder of an unborn child a crime and ending the de facto moratorium on the death penalty.

Smith's Broughton reunion

ryanteaguebeckwith — Thu, 11 Oct 2007 09:39:59 -0400

About 250 people came to a free barbecue for Fred Smith.

The state senator, who is running for the Republican gubernatorial nomination, held his 31st barbecue meet-and-greet at Broughton High in Raleigh Wednesday night.

He plans at least one in each of North Carolina's 100 counties this fall.

"Political wisdom is that you go to the high population counties and run TV ads," he told Dome. "I don't think that's right. Every county is important."

The Raleigh rally featured free food from Barbecue Lodge, opening and closing songs by his wife Ginny, an introduction by state Sen. Richard Stevens and a 20-minute video about Smith's life.

In his speech, Smith said he would limit state benefits to illegal immigrants, put constitutional amendments against gay marriage and eminent domain on the ballot, end the transfer of money from the Highway Trust Fund and enact a Jessica's Law to punish sex offenders.

Smith also asked for donations, but he told Dome that he is saving any money raised for print, radio and television ads later.

What didn't pass

ryanteaguebeckwith — Fri, 03 Aug 2007 10:17:04 -0400

A number of bills never made it past the legislature.

The bills would have:

Prohibited smoking in public spaces such as restaurants and workplaces.

Rolled back a law requiring most schools to open on or after Aug. 25.

Called for a public vote on banning same-sex marriage in the constitution.

Prohibited corporal punishment in schools.

Called for a public vote on amending the state constitution to bar governments from taking property for economic development purposes.

A full list after the jump.