Property rights are enshrined in the US and NC Constitutions and protected by NC Statutes. Furthermore, specific procedures are outlined in both constitutions and statutes regarding the seizure of property for public use. Case law generally supports municipalities’ judgments in the amount and purpose of seizures.
We do not seek to challenge the constitutional or statutory structure or previous case law of established seizure processes. Rather, we wish to show the City has overstepped those proscribed bounds with the Six Forks Road project.
Also, our goal is not to stop the project, nor avoid any reasonable taking of property for the good of the public, understanding that the municipality is responsible for not taking too much nor doing unapproved projects on said properties.
From the property owner’s point of view, they have invested substantial amounts of time and money in their property with the expectation the community would not violate property raights. Now the city is taking away that value. Where we feel the City has overreached:
- Including a bike path (more info here)
- Taking too much (original plan of 103-foot wide expansion is undesirable but acceptable)
- Inappropriate purposes (excessive, unneeded, non-public use)
- Inappropriate placement of project (trying to carve it out of a long-established, mature neighborhood)
- Public use is too broadly defined
- We are not trying to split hairs but are seeking a balanced, reasonable solution with a transparent process and supporting facts to justify the spending of public funds and seizure of personal property
- City does not even meet a broad threshold for public use of private property and has thus violated property rights
- Decision-making has not been transparent and information used in the process has not been shared