|
What goes “choo…choo…choo…choo…thump”? It’s your property rights being run over by North Carolina’s railroad companies! At least that’s what the companies intend to do if they get their way in the House Judiciary III committee and pass H.B. 116 Railroad Corridor Management.
H.B. 116 would delegate the right to control the use and/or access to one’s property to the railroads by requiring owners to obtain the railroad’s permission, which could be denied or arbitrarily conditioned. This is an assault on private property rights and local government sovereignty by the state's railroad companies. The U.S. Supreme Court has struck down ordinances which required a landowner to obtain the consent of his neighbors in order to get a building permit. The Court held that such requirements made no provision for review and that the neighbors were free to withhold their consent “for selfish reasons or arbitrarily” according to their “will or caprice.” Now, railroads in North Carolina want the authority to deny for any reason or for no reason a private landowner's use of his or her own property.
H.B. 116 was before the House Judiciary III Committee twice last week, yet no vote on the bill has occurred. It is before this committee again next Tuesday and NCHBA will be there to oppose the bill. One thing about the protection of property rights … it is non-partisan. Along with all of the Republican committee members, the strongest advocates for our position on the committee were Rep. Bill Faison (D-Orange) and Rep. Mickey Michaux (D-Durham). NCHBA will be working hard to ensure that this bill does not make it out of committee!
Senate Bill 761 Street Construction/Developer Responsibility passed through the Senate Commerce Committee and the full Senate and now resides in the House. The N.C. League of Municipalities opposed the bill and was able to get three “nay” votes in the Senate (out of 50). The League is opposed because this bill limits developer funding of off-site transportation improvements to an amount proportional to the development’s traffic impact. S.B. 761 now resides in the House where we hope to add some additional clarification and sanity to NCDOT’s driveway permitting process. Stay tuned…
House Bill 239 Disapprove Jordan Lake Rules was presented to the House Environment Committee twice last week. A committee substitute was offered that makes some major improvements to the EMC’s rules. The bill will be in House Environment again next week, and we expect a vote to be taken. At least one outstanding issue remains a priority for NCHBA – adjustment of the nutrient buydown amounts to equal those in the Neuse and Tar-Pamlico nutrient strategies. We will keep working to make that change as the bill moves through committee.
And, H.B. 616 Offense for Portable Toilets/Pumper Trucks passed in the House and resides in the Senate. This bill would make it a misdemeanor to steal, take from its temporary location or from any person, or to vandalize or damage a portable toilet or pumper truck. While this bill is good for builders, it’s bad for fraternities. What will they do for pranks?!
As we approach the last two weeks before crossover, bills are popping up left and right. Scheduled to be heard in committees next week that we know of so far:
• H.B. 116 Railroad Corridor Management (again!)
• H.B. 239 Disapprove Jordan Lake Rules
• H.B. 1490 Extend Permits Regarding Land Development
• H.B. 771 Towns/Ordinances Regulating Trees
• S.B. 44 Appeals of Quasi-Judicial Land Use Decisions
• And, many more!
|
