ashe

Fins,

If you are not bright enough to fit condemnation into one of these - I can't help you.

The Ashe County BOC could find one of these, if they had the willingness to actually pay for the property:

NCGS 40

(b) Local Public Condemnors - Standard Provision. - For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes.

(1) Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights-of-way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties.

(2) Establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A-311 for cities, or G.S. 153A-274 for counties.

(3) Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities.

(4) Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems.

(5) Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities.

(6) Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency.

(7) Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156.

(8) Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part 3B, effective until October 1, 1989, or G.S. 160A-400.14, whichever is appropriate.

(9) Opening, widening, extending, or improving public wharves.

The board of education of any municipality or county or a combined board may exercise the power of eminent domain under this Chapter for purposes authorized by Chapter 115C of the General Statutes.

The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this Chapter.

(b1) Local Public Condemnors - Modified Provision for Certain Localities. - For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property or interest therein, either inside or outside its boundaries, for the following purposes.

(1) Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights-of-way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties.

(2) Establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A-311 for cities, or G.S. 153A-274 for counties.

(3) Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities.

(4) Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems.

(5) Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities.

(6) Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency.

(7) Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156.

(8) Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part 3, effective until October 1, 1989, or G.S. 160A-400.14, whichever is appropriate.

(9) Opening, widening, extending, or improving public wharves.

(10) Engaging in or participating with other governmental entities in acquiring, constructing, reconstructing, extending, or otherwise building or improving beach erosion control or flood and hurricane protection works, including, but not limited to, the acquisition of any property that may be required as a source for beach renourishment.

(11) Establishing access for the public to public trust beaches and appurtenant parking areas.

Fins, I understand all the ins and outs of condemnation.

Nice try to divert from the fact that your history is faulty.

The Constitution of the State of NC allows local government, public utilities, and the railroad to condemn and take your property. The State of NC, Bremco, Duke Power, NC Railroad, Seaboard Coast Line, and all Counties, Cities, and Towns as well as water and sewer districts and drainage districts can condemn and take your property.

It's a rarely used power but when used the taker must pay and if the taker attempts to stiff the owner, the owner can use the court system to become whole, as recently happened with Winston Salem people and NC DOT.

This power is not un-American.

It's all very simple, if you don't want them there, you have to actually take the time to think ahead and make your local zoning rules accordingly instead of sticking your head in the quicksand of anti-zoning nuts, and/or you have to be willing to pay for taking away someone's right to stink up part of the county.

I'm sure you don't want Duke Energy shipping coal ash loaded with metals to holes in the County, nor do you want nuclear waste stored in the County, nor any of the other really negative things that drag down property values. The question is do you elect people smart enough to plan ahead and then do you elect people with balls enough to pay for a mistake and own that mistake.

The United States traded an unelected King for an elected body or representatives as their Sovereign. That was their intent. They did not view the individual as Sovereign because the individual fails the first test of that concept - perpetual existence.

In the Declaration of Independence the issues of quartering of British Soldiers is about not paying homeowners for something the Army took - the owner's shelter, his or her food stuffs, etc., etc.

The is one of the reasons that during World War II each division (or whatever size group) had a paymaster to not only pay soldiers but to pay for what American soldiers took from civilians.

It's not until the Bill of Rights is added to the second constitution that your private property rights are protected:

U.S. Constitution - Amendment 5


Amendment 5 - Trial and Punishment, Compensation for Takings

<<Back | Table of Contents | Next>>

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

AOC agreed upon - 1777

AOC ratified by all 13 states - 1781

Second Congress called for - 1786

Second Congress held -1787

First Ten Amendments (Bill of Rights) proposed for addition 1789

Final ratification of all first ten amendments 1792

It's pure nonsense to claim that the US government or your State ever gave away it's sovereign powers. What it gave away was it's ability to use those powers without just compensation and due process.

Actually the history failure is on your part.

Articles of Confederation:

Under the Articles of Confderation, which preceed the current Constitution, each state retained Soverignty, meaning the State could do anything it wanted to with regard to the people and property in the State not in conflict with the powers delegated to Congress. That includes taking your property.

The principles that the nation was founded on was that the "king" - the "state" had to pay for what it took from individuals. The British were just stealing people's property and using it without compensation.

The issue is purely one of the County's long term economic benefit. If it's sufficiently in the County or the State or the Federal interest those units can take it, provided they compensate the owners and follow the procedures.

All of this stems from local governmental officials being too short sighted to protect the long term interest of the County. Now they have been seeking to use the back door and avoiding paying the owners. To get rid of it, they will have to pay.

I dont have a problem with the asphalt plant being put where its going. People keep forgetting there is a quarry on the same land that has been there for more then just yesterday.

Lurk I used to cuss the county for owning over 100 acres at the dump, giving a million for the property in front of the court house but a wise person (achs2009) schooled me. So far I think he was and is right.

The County can always accept donations.

The County can always turn down donations.

The County should always accept doantions to help the County.

The County should always turn down donations that are in fact an invitation to piss away a lot of money.

Ashe County had a chance to deal with this issue many decades ago and chose to do nothing. The only way to "win" this is for the County to pay a defacto ransom - that is to buy the land where the plant would be and hold it for some future public purpose. That's going to be **** expensive since the land is no longer rural but commercial/industrial with a measurable revenue stream.