DURHAM (Jan. 19) -Libertarians support an amendment to the North Carolina State Constitution to strengthen protection for property rights in the wake of the U.S. Supreme Court decision in Kelo vs. New London.

The party's executive committee passed a resolution Jan. 14 calling on the General Assembly to submit to the voters an amendment to the state constitution prohibiting seizure of private property to benefit private interests to the voter.

"The protection of private property rights against government seizures and other unreasonable government interference was a fundamental principle and core commitment of our nation's founders," the resolution says.

The resolution noted that following the Kelo decision "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."

Libertarians agree with Justice Sandra Day O'Conner who accurately noted in her dissenting opinion to this egregious ruling that the Court has effectively deleted the words "for public use" from the "takings clause" of the Fifth Amendment and thereby refused to properly enforce the Federal Constitution.

Libertarians oppose the taking or seizure of private property by government or by agencies acting upon governmental authority under any circumstances. They also support compensation for owners whose property is devalued or made inaccessible by government regulations.

However, Libertarians recognize such a power does exist. So did those who framed the U.S. Constitution. That is why they wrote specific restrictions on the Federal government's exercise of eminent domain, very narrowly defining under what circumstances that power could be used. Unfortunately, the Kelo decision has all but negated those restrictions.

Since North Carolina's statutes and state Constitution provide inadequate measure for the protection of property rights, Libertarians believe a constitutional amendment is necessary.

The text of the resolution follows:

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, On June 23, 2005, the United States Supreme Court issued its decision in Kelo v. City of New London, which held 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 Sandra Day O'Connor accurately noted in her dissenting opinion, 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, 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 contains inadequate restrictions on the State's exercise of the power of eminent domain, in that it does not specifically address the power, merely stating in Article I, Section 19 that "No person shall be . deprived of his life, liberty, or property, but by the law of the land;" and;

Whereas, the Libertarian Party of North Carolina opposes the taking or seizure of private property by government or by agencies acting upon governmental authority and supports compensation for owners whose property is devalued or made inaccessible by government regulations;

We Therefore, The Libertarian Party Of North Carolina, support an amendment to the North Carolina Constitution affirming the government's role in the protection of private property rights.  As seizure of private property for the benefit of private interests is in direct conflict with the government's role in protecting private property, we call upon the legislature and citizens to amend the constitution to prohibit in particular this form of taking.

Copyright 2005. The Libertarian Party of North Carolina.
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