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Letter to the editor: Blighted by decree?

Posted on October 9, 2008 by Staff

Eminent domain is the power to acquire land from property owners. Pre-2005, this power was granted only to governmental bodies in order to maximize the public good. Justification was required to be clear, factual and persuasive.

In Kelo v. City of New London (2005), the U.S. Supreme Court (in a 5-4 decision) expanded the power of eminent domain. Governments may now condemn property and transfer it to legally authorized private owners who assure economic development — new jobs and city revenues. The Supreme Court definition strictly specifies and defines limits: redevelopment or revitalization to depressed or blighted urban areas. In order to acquire desired locations, some developers have used elastic legalese to downgrade choice locations (blight by decree) that when redeveloped provide private convenience rather than public benefit.

Although prevailing law allows for the transfer of eminent domain to UNC, the community is still unaware of the benefits and the price of the plan. In their announcement (Carrboro Citizen, Oct. 2), Thorp and Roper state a positive economic impact of $40-$53 million annually (revenue or profit?) but are silent on the site and the plan. Their economic argument appears bogus: How can an economic impact estimate precede site selection? What was the basis for approval of the airport authority by the Senate?

Eminent domain is a charged issue. Therefore, the lack of debate, and the near unanimity in the Senate (42 to 1), is striking (Senate Bill 1925, signed Aug. 9, 2008). Good governance — social justice and transparency — would require that the affected community be provided the opportunity to study the proposal relative to cost v. benefit, and the balance between private convenience v. public good, prior to Senate submission and deliberation and constitution of the airport authority. Failing this, could profitable dairy farmland and ecologically sensitive watersheds that adjoin a nature conservancy be blighted by decree?

Michael Fernandes
Chapel Hill

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