WHEREAS, the protection of private property rights against government seizures and other unreasonable government interference is a fundamental principle and core commitment of our Nation's Founders; and

WHEREAS, as Thomas Jefferson wrote on April 6, 1816, the protection of such rights is 'the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it'; and

WHEREAS, On June 23, 2005, the United States Supreme Court issued its decision in Kelo v. City of New London, No. 04-108; and

WHEREAS, as the Court acknowledged, 'it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B', and that under the Fifth Amendment, the power of eminent domain may be used only 'for public use'; and

WHEREAS, the U.S. Supreme Court nevertheless held, by a 5-4 vote, that government may seize the private property of one owner, and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development; and

WHEREAS, the Court's decision in Kelo is alarming because, as Justice O'Connor accurately noted in her dissenting opinion, joined by the Chief Justice and Justices Scalia and Thomas, the Court has 'effectively . . . delete[d] the words 'for public use' from the Takings Clause of the Fifth Amendment' and thereby 'refus[ed] to enforce properly the Federal Constitution'; and

WHEREAS, under the Court's decision in Kelo, Justice O'Connor warns, '[t]he specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory'; and

WHEREAS, Justice O'Connor further warns that, under the Court's decision in Kelo, '[a]ny property may now be taken for the benefit of another private party', and 'the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result'; and

WHEREAS, as an amicus brief filed by the NAACP, AARP, and other organizations noted, '[a]bsent a true public use requirement the takings power will be employed more frequently. The takings that result will disproportionately affect and harm the economically disadvantaged and, in particular, racial and ethnic minorities and the elderly'; and

WHEREAS, the Lenoir City Council is concerned that local governments within the State of North Carolina will now seek the power to exercise said authority; and

WHEREAS, the Lenoir City Council has determined that this authority granted to local government is not in the best interest of the residents of the City of Lenoir or the State of North Carolina; and

WHEREAS, the United States Congress is already considering two bills to limit the power of the States and local governments to condemn private property (H.R. 3135, the Private Property Rights Act of 2005, and S. 1313, the Protection of Homes, Small Businesses and Private Property Act of 2005); and

WHEREAS, the Court in Kelo noted, 'nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power'; and

WHEREAS, the North Carolina Constitution does not specifically address the power of eminent domain, merely stating in Art. I, Sec. 19 that "No person shall be. deprived of his life, liberty, or property, but by the law of the land"; and

WHEREAS, the City Council has determined that it is in the best interests of the citizens of the State of North Carolina as well as City of Lenoir that an Amendment to the Constitution of the State of North Carolina be adopted specifically limiting this authority;

NOW, THEREFORE, BE IT RESOLVED that the Lenoir City Council:

• Respectfully requests the North Carolina General Assembly to initiate such a Constitutional Amendment as would expressly limit the authority of the State of North Carolina and local governments within the State to exercise the power of condemnation of private property for private development.
• Respectfully requests that Representative Patrick McHenry support and vote for H.R. 3135, the Private Property Rights Act of 2005, and Senators Elizabeth Dole and Richard Burr support and vote for S. 1313, the Protection of Homes, Small Businesses and Private Property Act of 2005.
• Directs the City Clerk to send copies of this resolution to Lenoir representatives in the North Carolina House and Senate and United States House of Representatives and Senate as well as the National League of Cities and the North Carolina League of Municipalities.

Adopted by the Lenoir City Council this the 17th day of August, 2005.

David W. Barlow, Mayor

SEAL

ATTEST:

W. Lane Bailey, City Manager

Copyright 2005. The Libertarian Party of North Carolina.
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