Carolina Politics Online

RALEIGH – The first serious threat in years to a state law letting cities add residents without their approval has passed a crucial test.

A nine-month moratorium on annexations started by cities and towns cleared the N.C. House Wednesday on a 98-18 vote.

Just as importantly to its supporters, House members expanded the bill just before final passage to stop cities from taking key steps leading up to expansion.

A committee’s move to take out that part of the moratorium had “crippled the bill,” said an opponent, House Republican Leader Paul Stam.

It’s unclear whether Senate leaders who oppose a moratorium will allow the bill to be heard.

“I wouldn’t bet as much on it,” moratorium opponent Rep. Dan Blue said, “as I would be willing to bet I would be the first man on the moon.”

Asheville Citizen-Times

The passage of this ban, while temporary, just moved the state forward about a 100 years to catch up to the present.  I’ve been baffled for a long time that in a “free” country where private property rights play a large role in that framework (unless you’re a justice on the SCOTUS) how North Carolina could still have laws on the books in the 21st century allowing cities to involuntarily incorporate people’s property.  It’s just anti-American and should be common sense.

What’s with these Senate leaders by the way?  They oppose a moratorium?  Do Basnight and Rand not believe in fundamental private property rights?  Does State Representative Dan Blue also oppose his constituents having control over their own land?  If this is the case these people need to seriously be reexamined by their voters in November.

Fuquay-Varina is in a hurry to forcibly annex 1,000 acres along its northern border, partly because the Wake County town wants to beat its northern neighbor, Holly Springs, to the punch.

The land in question is a mostly residential area containing about 500 homes, bounded on the east by Sunset Lake Road, on the west by by Bass Lake Road and on the south by the Fuquay-Varina city limits.

A 20-year pact made between the two towns has kept them from approving voluntary or involuntary annexations on the other side of a line designated between the two, but it carries the stipulation that either town can end the pact at the 10-year mark. That means the agreement could end next year, said Mark Andrews, a Holly Springs public information officer.

The Cary News

I suppose we should be thankful this isn’t early Renaissance Italy. If it were, Holly Springs and Fuquay-Varina, like Florence and Sienna of old, would arm their populaces and march out to settle it on the battlefield. Actually, I kinda wish they would do that- it would be far more entertaining!

On a serious note, THIS is what involuntary annexation gets you. Anyone think to ask what the people who actually LIVE in this tract of land want?

New services also mean residents in the area would have to start paying city taxes. Fuquay-Varina has a tax rate of 52 cents per $100 of assessed valuation.

More taxes is exactly what Joani Jarrad doesn’t want.

The two-story home her family bought nine years ago in the Vintage Ridge subdivision off Sunset Lake Road is one of the homes that would be affected by the annexation.

“Our mortgage is going to go up considerably” because of the increase in taxes, Jarrad said.

She doesn’t like that the town can forcibly annex her property.

Current state law allows towns to annex unincorporated property that meets certain guidelines such as being adjacent to the town’s boundaries.

The anti-annexation folks want the legislature to approve a one-year freeze on forced annexation. They said they did not want to be forced to pay taxes for services they don’t need.

The protesters have some legislators behind them. Forced annexation “hurts families, hurts individuals, hurts taxpayers and doesn’t benefit our community in any significant way,” said Republican Sen. Phil Berger of Eden.

The N&O

Sen. Berger is correct. I can’t believe something as undemocratic as forced annexation is even allowed in this country. If I buy a house in the suburbs, I’ve chosen NOT to live in the city. And yet here comes the city, gobbling up land, annexing me without giving me any say or vote, and inevitably causing my taxes to skyrocket. It’s unbelievable!

Susan Burgess, Charlotte mayor pro tem and league president, said she did not sense any decline in legislative support for annexation.

Annexation has served the state well for nearly 50 years, she said, and is one of the reasons for the success of its cities.

Forced annexation has served Charlotte well, that’s for sure. One of the reasons I couldn’t support Pat McCrory in the primary was because of his atrocious record on this issue. He made a big deal about his record of low taxes- but neglected to mention that one of the biggest reasons he was able to keep them low was because Charlotte literally ate all its surrounding suburbs!

Residents should “participate in the support of the city from which they derive a lot of services,” she said, and cities should be ready to provide services to areas they annex.

Bull. I live in the Raleigh suburbs- not Raleigh.  I contribute to Raleigh when they offer something that draws me in from the ‘burbs, such as theater, sports, restaurants, nightlife, and more. When Raleigh offers these things, I go and give them money by choice. If Raleigh doesn’t offer anything, I choose not to give them money. That’s how it works- it’s called capitalism. Raleigh doesn’t have the right to make me give it anything.

An N.C. House committee has proposed a one-year moratorium on city-initiated and satellite annexations to give the legislature time to re-evaluate annexation laws. Legislators say some cities are taking advantage of the laws to cherry-pick areas with high home values and do not always provide new residents with services quickly.

Committee members expect to present the bill this month after the legislative session begins May 13.

Legislators are not optimistic they can get a moratorium passed by June 30, which would prevent the city from annexing thousands of residents in the Cardinal area northwest of Greensboro.

The News-Record

Two full months isn’t enough time to get a bill passed? Granted, they aren’t in session every day but still. North Carolina’s annexation policies definitely cross the line of being unamerican in my book.

Proponents of annexation argue that residents immediately outside of cities often reap the benefits of urban life — the arts, better roads, medical services, parks — without paying the taxes that fund some of those things.

Proponents totally miss the point of the opposition. It doesn’t matter whether or not these people do earn benefits from it. They are forcibly moving your property into their city without your permission. That is morally wrong.

Chapman only vote against plan The Town of Tryon added about 400 new residents to its population Tuesday by approving the involuntary annexation of parts of Gillette Woods, Country Club Road and Harmon Field areas. Tryon Town Council held a special meeting Tuesday night to approve the annexation plan, with council member Austin Chapman being the only member to vote against the plan. The meeting lasted only about 15 minutes and took place before a crowd of about 70 people, some of who booed following the vote. “Hope ya’ll enjoy your job while you got it,” was one of the numerous statements heard from the audience once the meeting adjourned. “It won’t last long. We’ll see you in court.”

Tryon Daily Bulletin

Every member of the Tryon Town Council that voted for this needs to lose their council seats. Nothing sends a stronger message to a lawmaker than threatening their power.

RALEIGH — A House panel recommended Wednesday that North Carolina temporarily ban cities and towns from forcing annexations so lawmakers have time next year to consider changes that some residents have sought.

The one-year moratorium on involuntary annexations — through June 30, 2009 — also would help municipalities make sure they can provide water and sewer hookups and fire and police coverage to new residents, a committee leader said Wednesday.

Fayetteville’s forced annexation of more than 40,000 residents was wildly unpopular, and remains so more than three years after it took effect. In most neighborhoods, the city has yet to deliver sewer services. It’s unclear how the proposed ban could affect any possible plans to annex Gates Four, an affluent community that was excluded from the 2005 annexation. The earliest Gates Four could be brought into the city limits is June 30, 2009 — the same date for lifting the proposed ban.

The Fayetteville Observer

Forced annexation has to stop, no question about it. That is a blatant infringement on private property rights and what has been going on in places like Fayetteville is even more disgraceful. Not only do they forcibly move the city limits to encompass the property, they don’t even provide the city services the owners have to pay for for months or even years. I can’t believe nobody has sued over this.

I live in an unincorporated area, but I like it that way. I don’t have to pay city taxes and that’s fine with me because I don’t need the city services. The laws here in South Carolina are much more strict regarding annexation than in North Carolina, but if a city tried to annex my home I’d go down fighting.

Kyle Boyd is a Republican challenging incumbent State Representative Carl Gullick in the June Republican Primary for State House District 48. I had an opportunity to ask him a few questions. His answers were short, but to the point, which is all you can ask for. I don’t know if he has a campaign Web site up as of yet or I would link to it.

Q. Governor Sanford has recently requested an increase in the cigarette tax in order to lower the state income tax across the board for all taxpayers. Others in the General Assembly are advocating increasing the cigarette tax to instead expand state funded health care to poorer residents. Where do you fall on this issue?

A. I generally support use taxes over confiscatory taxation and would only support that kind of tax increase if we lower other taxes or spending. I would support Governor Sanford on this issue.

Q. The Municipal Association of South Carolina has been lobbying the legislature to loosen the state’s annexation laws so that municipalities can more easily expand their borders to encompass unincorporated property. Do you support or oppose MASC’s position?

A. Generally I don’t support revenue grabs.

Q. Do you support or oppose allowing legislative “earmarks” in the State Legislature’s annual budget?

A. Oppose

Q. Do you support or oppose school choice?

A. I support tax credits as a means of choice.

Local real estate agent and former mayoral candidate Billy Keyserling told the commission in August that Rauch had offered in May to vote in favor of the proposed annexation of 1,005-acre McLeod Farm in exchange for favors from Keyserling. Keyserling said Rauch wanted him to serve as treasurer of Rauch’s re-election campaign staff and write a letter to TheBeaufort Gazette, praising Rauch’s work.

The Ethics Commission did not attempt to determine whether Keyserling’s allegation was true, executive director Herb Hayden said. Instead, the commission ruled that Keyserling’s allegation was irrelevant because the owner of McLeod Farm withdrew the petition for annexation.

The Beaufort Gazette

On education, a central theme for Democrats every election year, Nielsen departs from the usual party positions.

He wants parents to be able to use public money to educate their children in private schools. Most people call this a voucher system, but he prefers to call it parent choice.

Schools are failing children, Nielsen said, because they are geared toward sending students to college and ignore technical education that could lead to high-paying jobs.

“I believe the school system is broke,” he said at a candidate forum in Durham. “We have a generation of children we have lost and we may not ever recover them.”

Charlotte Observer

I have always been of the belief that if you want to take your child out of the public school system you should be exempt from paying taxes to the school, whether you want to send them to a private school or home school them. Of course, I think the only people that should be paying for the public schools are the ones that have kids in them in the first place. This idea that the entire citizenry has to fork over their money for a failed product that a lot of them don’t use is inherently anti-capitalist.

He wants to eliminate property taxes for people over 65 with incomes less than $40,000 a year. He proposes an end to forced annexation by cities and towns.

This I do not agree with. I am all for lower taxation at any level, but I am not supportive of these select exemptions. If every senior citizen were to be exempt from paying property taxes that will drastically raise the taxes of everyone else in the community. It will be the working parents and their children that will have to shoulder the burden. That doesn’t cut it. Senior citizens are the wealthiest age group in this country. They don’t need to be pushing their share of the tax burden on the rest of us. If they are struggling then their family can pitch in. That’s what my family does with my 90 year old grandmother.

These two issues are just what the Observer covered, but Nielsen has a whole Web site of changes he envisions for the state. He has a lot of good ideas, but I don’t honestly understand why he is bothering to even run. He isn’t running to win. You can’t win a gubernatorial race just on word of mouth without raising money. That method might work if we had a voting populace that actually researched the candidates before they went to vote, but that simply doesn’t happen. People make their decisions based on name recognition and 30 second TV ads.

Dozens of people spoke at a hearing in Raleigh about the pros and cons of North Carolina’s municipal annexation law.

More than 300 people packed at public hearing Wednesday night before a state House committee that will recommend any changes to the law.

A strong majority in the meeting room at the Legislative Building opposed the current law, particularly a provision that allows towns and cities to swallow up unincorporated areas without a referendum of the landowners being annexed.

But municipal elected leaders and planning directors who spoke said the law works well as written and helps North Carolina manage growth effectively.

The Fayetteville Observer

These municipal leaders supporting this practice are nothing more than wolves in sheeps’ clothing. They could care less about managed growth. Forced annexation is all about a tax grab by the city officials. They want to reach into your wallet and snatch some of your money. People live in these areas precisely to avoid the higher costs of city bureaucracy.

Private property is one of the fundamental principles of a free society. When a city government can come along and forcibly redraw their borders to encompass your property they are infringing on your property rights. This needs to be made illegal and it is a travesty that it has gone on this long.

Duane Cutlip is a businessman and a Republican candidate for House District 39. He will be facing Democratic incumbent Linda Coleman in November. The district covers eastern Wake County and was a Republican seat until the 2004 election after redistricting had been done following the 2000 Census. The district was shifted northward adding more predominantly Democratic neighborhoods. The district is currently comprised of approximately 51% registered Democrats, 32% registered Republicans, .21% Libertarian, with the remaining 16% being unaffiliated voters.

On the issues:

Our public school system is failing our children. We have an alarming droppout rate and are graduating children who have difficulty with basic reading and mathematical skills. In North Carolina, 52% of the General Fund is spent on education, yet recent statistics show that less than 7 in 10 are graduating. Our spending on schools is growing almost twice as much as our student numbers are growing, yet we have little improvement. We need to cut out ineffective spending and put that money into teachers and students where the real learning occurs.

I have written plenty of the education system in American gone awry. North Carolina needs legislatures that will stand up to the powerful special interests that are hurting our education system and stop supporting the status quo. Cutlip is correct. Plenty of money has been thrown in to the education system with no results.

North Carolina has the highest taxes in the Southeast and this has hurt the overall well-being of our state. We’ve got to have leadership that will make the tough decisions rather than the current practice of playing for the highest bidder.

Hence the reason I live across the state line in South Carolina. Lower taxes!

I am for the development of alternative energy sources as long as they are feasible. We can improve existing technologies to make their use of fuel more efficient and support the development of credible alternative energies. I believe that we are far too dependent on Middle Eastern oil and should strive for energy independence as quickly as possible.

A very sensible environmental policy. Indeed, alternative energy is the future. Let’s make North Carolina a leader in its development.

I believe murder at any stage of life is wrong. Life begins at conception and our state and federal governments struggle unnecessarily with this idea. While they will allow abortion freely, they seek to prosecute the murderer of a mother and unborn child with double-homicide. They’ve got it right in the latter.

He brings up a very interesting scenario here that really illustrates the hypocrisy of the pro-abortion crowd. Basically, if the mother wants the child then the fetus is alive. If the mother doesn’t then the fetus is a mass of tissue. Abortion should be a Federalist issue and as such handled at the State level, not the Federal judiciary.

We must secure our borders, and North Carolina must not become a “harbor state” to illegal immigrants for whom we have no documented reason for their ‘visit’.

I think North Carolina has already become a harbor state for illegals. It actually won’t take a lot of work to change that, just the political will by people who aren’t afraid to deal with the problem. Look to Arizona for guidance.

The government should be held responsible for how it uses our tax dollars, and should be forced to eliminate wasteful government spending. The government can not solve everyone’s problems and should not be expected to. There are too many programs the government takes on that it cannot handle efficiently and should be left to private enterprise.

Spending in North Carolina continues to increase at twice the rate of inflation while the state legislature has done little to nothing to instead look for waste and additionally scale back on the size of government in the state. Cutlip appears to be prepared to address this issue.

We are not a Democratic Republic without Private Property. John Adams said, “Property must be secured or liberty cannot exist.”

Activist judges and renegade legislators have recently paved the way for the seizure of private property to be redistributed to other private interests.

I gather he is speaking about eminent domain, more precisely Kelo v New London. Eminent domain is one of those necessary evils of government, but is being widely abused across the nation. What also needs to be addressed in North Carolina is the forced annexation of unincorporated neighborhoods by incorporated cities and towns against the will of the property owners. That has to be stopped.

The second amendment of the Constitution of the United States of America guarantees the right of citizens to keep and bear arms. Studies will always show that criminals kill, not guns. We should not punish law-abiding citizens for the wrong doing of criminals.

This is just plain common sense. An armed populace is a free populace.

Duane Cutlip is an excellent candidate for this race. He is on the right side (no pun intended) of every issue, although he has an uphill battle. In 2006, Coleman received 59% of the vote to the Republican challenger’s 41%. 2004 was a little closer with Coleman grabbing only 54%. The 5 point increase may have been due to the anti-Republican wave that swept through the country in ‘06. It’s certainly not an impossible race to win under the right circumstances. Perhaps Mr. Cutlip will surprise us with an upset victory come November.

Dennis Nielsen, a retired Air Force colonel from Nashville, is running as a conservative Democrat for governor next year.

Nielsen said he is running on a platform on providing vouchers to allow parents to send their children to private schools, an end to cities’ power to force annexation and tougher enforcement of immigration laws, reports Rob Christensen.

Nielsen is also promising not to raise taxes and to end property taxes for the elderly who make less than $40,000 per year.

Nielsen said he will not try to compete financially with the millions of dollars in campaign contributions likely to be raised by Lt. Gov. Beverly Perdue and state Treasurer Richard Moore.

Raleigh News & Observer

These people who run saying they aren’t going to worry about money and all of this just kill me. The reality is without a decent fund raising apparatus a campaign will go absolutely nowhere, especially when you are running statewide. He has some good policy stances, but how does he expect to get his message out without adequate funding?

Vote Nielsen

The complaint says that Sen. Fletcher Hartsell, R-Cabarrus, drove efforts in the General Assembly to change the annexation limits so Kannapolis can absorb a tract of land being developed by Wayne Brothers Inc. The bill won final approval the same day legislators adjourned for the year.

Hartsell, who is a lawyer, once represented company president Keith Wayne.

“Senator Hartsell has used his office to benefit his client, Keith Wayne,” The Charlotte Observer quoted the complaint as saying. “(Hartsell) has also used his office to gain specific knowledge that would benefit (Wayne).”

Winston-Salem Journal

It’s hard to know what really went on here, but it is certainly suspect. The article states that Hartsell told the Charlotte Observer that he suspects the complaint was lodged by a conservative organization that opposes his support of public funds to construct a biotech research facility in Kannapolis. I would agree with the opposing organization. Using taxpayer dollars to fund that construction is corporate welfare. Sure, it might create some high paying jobs in the area, but that is the job of the private sector, not the public. This is the type of corporate handout that politicians engage in not for the betterment of the people they represent, but to further their own electoral careers.