| Defenders Urges Court to Stop
Town From Selling Private Rights To Highest Bidder
March 14, 2003 Defenders of Property Rights 1350 Connecticut Ave., NW, Suite 410 Washington, D.C. 20036 202-822-6770 Fax: 202-822-6774 http://www.yourpropertyrights.org Washington, D.C. - On March 7, 2003, Defenders of Property Rights filed a brief in Town of Highlands v. Hendricks (No. 03-0055), urging the North Carolina Court of Appeals to stop the Town of Highlands from selling its eminent domain powers to private citizens. "When government condemns property, it can be a very personal loss for the property owner," said Nancie G. Marzulla, President of the Washington D.C. -based legal foundation Defenders of Property Rights. "The ability to destroy private property rights should not be sold to the highest bidder." Eminent domain -- a power belonging only to government -- allows government to condemn private property and take title for public use, provided that the owners receive just compensation. Increasingly, however, governments take property from one owner, often small and powerless, and transfer it to another, often large and politically connected, all in the name of public good. In this case, the Town of Highlands initiated condemnation of several privately owned roadside homes in Highlands, North Carolina, to satisfy a proposed public road-widening project. However, the town's decision to condemn the property was proposed, planned, and funded by several businesses for their own economic benefit. In essence, the town sold its constitutional power to condemn private property to the highest bidder. Defenders of Property Rights is the only national public interest legal foundation dedicated exclusively to the protection of property rights. Further information about the case is available at http://www.yourpropertyrights.org/ or by contacting us directly. |