Carolina Politics Online

We talk a lot about annexation here and how in 21st century American such a draconian law can exist in any state anywhere.  Welcome to North Carolina, home to what is becoming more and more like Chicago style corruption in the state government.  In response to a growing outcry to forced annexation the state passed a very watered down provision earlier this week that was supposed to placate the shouting voices, but it doesn’t seem like most people were fooled and judging by the state’s recent actions, they shouldn’t be.

Senate Bill S967, sponsored by Fletcher Hartsell (R-Concord) would create what is called the Yadkin River Trust.  The legislation would enable the state to seize the lands, dams, and other properties currently owned and operated by Alcoa Power Generating Inc. along the Yadkin River.   Why? To keep this simple, the state thinks they can operate Alcoa’s hydroelectric plants to the benefit of North Carolinians better than Alcoa can.  Alcoa just applied for a new Federal permit giving them another 50 year lease on the land and Governor Perdue along with Hartsell and others in the state legislature want to put a stop to that immediately.  The state feels that Alcoa is “exploiting” the river.

Alcoa legally owns these lands and has since 1915 when they purchased them.  Several environmental agencies in both the state and the Federal government as well as environmental lobbyists have approved of and worked with Alcoa to get their permit renewed.  For the state to attempt to pass a law allowing them to seize the private property of a business in the name of the “common good” is Stalinist.  They must have gotten their queue from the Federal government.  If they can use this excuse to take Alcoa’s property who will be next?  It sends the whole state and your own property down a road with an unknown destination.

I’m not the least surprised to see fatty Fletcher’s fingerprints on this either.  He is a disgrace to the ideas of freedom and liberty and the Cabarrus and Iredell Republican parties would do well to rid them selves of that over bloated gas bag.  Hartsell actually had the nerve to tell people that this wasn’t about government taking over a private business.  Honestly, he actually made that claim:

Senator Fletcher Hartsell (R-Cabarrus), a primary sponsor of SB 967, reminded the committee members of the importance of the legislation and the fact that SB 967 has “absolutely nothing to do with taking over a private business.”

1888 Press Release

Nothing to do with it?  Reading Hartsell make that claim reminded me of a quote from Baghdad Bob during the Iraq War several years ago regarding the American military.

“They’re not even [within] 100 miles [of Baghdad]. They are not in any place. They hold no place in Iraq. This is an illusion … they are trying to sell to the others an illusion.”

If you would like to learn more about this government theft taking place in your own state the North Carolina Property Rights Coalition has a lot of information on this. Go to www.LeaveThatDamAlone.com for more information.

Update: The N.C. House of Representatives’ Water Resources and Infrastructure Committee rejected the bill today that would have allowed the state to take over Alcoa’s dams. Part of a press release from the North Carolina Property Rights Coalition is below:

RALEIGH, N.C. – The N.C. House of Representatives’ Water Resources and Infrastructure Committee rejected a bill today that would have opened the door for the state to take over Alcoa’s privately owned dams, powerhouses and other facilities on the Yadkin River. A motion to move the bill, SB 967, out of the committee failed in a bipartisan 8-6 vote.

The N.C. House voted yesterday for a slew of changes to the state’s contentious, 50-year-old annexation law, which gives cities wide latitude to take in new residents and force them to pay municipal taxes and fees.

Residents have long argued that the law is unfair and is frequently abused by cities.

But the most vocal opponents of annexation did not get everything they wanted and said that the bill, while better than nothing, does not go far enough to seriously rein in forced annexations.

The W-S Journal

If this bill were infused with steroids (and not just any steroids; the good stuff baseball players use) and ate Wheaties every day for a month, it would still be unable to do better than Wuss at one of those “Test Your Strength” carnival games. Hell, it probably wouldn’t be able to pick up the damn sledgehammer you need to play.

The most important provision in the bill would give annexation opponents the chance to trigger a referendum before a future annexation could take place. The opponents would have to gather signatures of 15 percent of the total of voters in the city and the area targeted for annexation.

If they did that, the city would have to hold a referendum among all city residents and residents of the annexation area. A majority of the voters would have to approve the annexation before the city could go through with it.

What the hell good is that gonna do? First of all, as someone who has gone door-to-door collecting signatures for candidates, 15% is a big damn number. Especially if the city doing the annexing is Raleigh or Charlotte, and really especially if the annexee is just a small cluster of homes that won’t have the manpower to fight back.

Also, why are residents of the annexing city allowed to vote? It’s not their taxes poised to skyrocket. It’s not property being taken over. And they can vastly outnumber the people in the area to be annexed.

I know Property Rights forces wanted something done about annexation, but this bill is so damn bad it will do more harm than good. The next time they rightfully complain about annexation, someone can point to this bill and say, “well, you’ve got some rights now. What are you bitching about?” It will make it that much harder to pass a property rights bill that really protects homeowners.

The controversial effort by the Wilmington City Council to annex the community of Monkey Junction, which sparked protest and debate, including a lively public hearing that resulted in two arrests, came to a head on May 5 when the council voted 6-1 to annex the rapidly growing community.

Some 3,300 residents are included in the annexation, and many have made their opposition very clear. A public hearing on April 6 — the only one — drew hundreds of protesters to the meeting and the street outside. Police and fire personnel provided a beefed-up security presence, including escorts for council members and police snipers on surrounding rooftops. The protesters who filled the council chamber reportedly banged on the walls and chanted slogans; two men were arrested for disrupting an official meeting, a misdemeanor.

The Carolina Journal

There’s a near riot against this annexation, and 6 bonehead councilmen STILL voted for it.

Bane, you  just got back from Wilmington. Were you aware that you had left the United States? Did you have to show a passport or ID when you entered Wilmington city limits?

I hope everyone had a awesome 4th of July. I write to honor the service of our military and leaders dating back to the Declaration of Independence and the Revolutionary War. And let us not forgot the millions of volunteers whose service to our communities that make lives better for those who need our help.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

I want everyone to fully understand that given the rights of the people, my job is to listen to whether I agree with a position you espouse or not. I make no claims to have all of the answers. I do claim that I was raised by my parents to be fair, honest, and to consider how my actions will effect others. The mission to represent the citizens is of the upmost importance. What I see from my opponent from the start after her APPOINTMENT to house 33 is the Party Line.

I will fight for a responsible budget and tax policy that will encourage small, medium, and large corporations in District 33 to grow and hire more workers. It is not right to penalize the people for being succesful and fruitful.

It is embarrasing to be banning plastic grocery bags in elected counties and not getting a budget passed on time. It is not acceptable for the party in total control of the General Assembly to be unable to accomplish that important goal. Where is the Democratic Party? They were not at the Raleigh Independence Day Tea Party and have been absent here in this state for years.

RALEIGH The House Finance Committee changed a wide-ranging annexation reform bill Thursday to allow affected residents a chance to trigger a vote on whether to carry out a municipal expansion sought by elected leaders.

A referendum would be allowed if 15 percent of registered voters within the existing city limits and the area to be annexed signed a petition seeking a vote.

“I don’t feel good about explaining to people why we don’t have a bigger voice in the process” for affected property owners, said Rep. Hugh Holliman, D-Davidson, the House majority leader. “This amendment addresses the core issue of annexation.”

Charlotte Observer

Why do people within the exiting city limits get to sign a petition to have a vote on whether or not people outside the city limits be forcibly annexed into their city?  Any change that does not flat out end the practice of forced annexation is wrong, period.  What is so difficult about outlawing it?  Why is the North Carolina legislature behaving so cowardly over this?

The Rocky Mount City Council publicly has declared its support of the state law giving cities the right to annex communities such as Oak Level without a vote by the affected residents.

Rocky Mount has joined other cities throughout the state in supporting a resolution opposing some proposed amendments to the annexation laws of the state.

Several bills are being debated in the N.C. General Assembly that would change requirements for annexation, including some that require a vote of the people in areas up for annexation.

The council already has voted to annex the Oak Level community, with strong opposition from some.

On Monday night, the council voted in favor of the resolution in a 6-1 vote, with Councilman W.B. Bullock voting against it.

The Rocky-Mount Telegram

Good for Councilman Bullock, who appears to be the only person on the council who gives a flying flip that we’re supposed to be living in America, not some third world hellhole.

I say this every time I have to write about forced annexation: I cannot believe something as blatantly un-American and despotic as forced annexation is allowed to exist anywhere in this country. It’s only allowed to exist because too many people won’t stand up for their rights.

News and Observer

Raleigh-Wake Citizens Association is hosting a meeting this weekend. And guess who one of nine is in the running? The chairman of the RWCA himself Bruce Lightner. The man who is of a single minded interest group that has NO interest in representing every citizen of ANY district. The elevation of this man would be further proof of the pay to play and corruption in North Carolina.

Bruce Lightner, 61, president of Lightner Funeral Home

Would it be tacky if me to say that if he is appointed to the State Senate 14 seat, he will bury us all in taxes and spending?

Here comes another instance of a North Carolina city forcibly annexing property into their city borders without the consent of the property owners.  For the life of me I cannot figure out how the hell this practice can go on in 21st century America.  Is this not a hot button enough issue to get voters riled up over?

Dozens of people stood outside the Wilmington City Hall on Tuesday night, waving signs and shouting their opposition to the city’s proposed annexation of the Monkey Junction area.

assing cars honked their horns, adding to the chorus of chants, which went on as City Council held a public hearing inside City Hall.

A few people banged on the building’s front doors.

Curtis Wright, a local radio talk show host, said he’s never seen residents disrupt a meeting in the 15 years he’s lived in Wilmington. He said he hopes City Council will take notice, but he doubts that will happen.

That many think annexation is a foregone conclusion, Wright said, adds to the frustration.

Wilmington Star

The controversy over involuntary annexation — in which a city or town can expand its borders even if an affected property owner does not consent — has raised blood pressure and sparked fights for a half century. The issue is a perennial problem at the legislature. But this year, the pressure to do something has reached a bursting point and lawmakers say they want to give property owners more rights when cities start stretching their borders.

“You’re talking about doing something to someone’s home, which is probably the second most near and dear thing to them beside their family,” said Rep. Nelson Dollar, a Cary Republican. “Some planner is coming to them and saying the city has grown out to where you are. You’re coming into the city, and now you have no say in the process.”

The N&O

I simply cannot understand why there hasn’t already been an armed rebellion over this. Imagine moving to nice little house in the country -on unincorporated land- to get away from high taxes and city politics. Then a few years later, some bureaucrat is knocking on your door with a notice congratulating you on being the newest resident of the city you just moved away from. Oh- and a tax bill. Seems they just annexed your land without even giving you a vote.

How something as blatantly un-democratic and tyrannical as forced annexation is allowed to exist anywhere in America is beyond me.

Requests for annexations routinely come before the council, so the issue of continued growth likely will be debated as Sulka begins her term.

The new mayor said she wants the state to pass legislation to make it easier for the town to annex land — especially the so-called “doughnut holes” of unincorporated county land that are surrounded by Bluffton town limits. Currently, landowners must ask to be annexed; the town cannot make the first move.

The Island Packet

Yes, because it’s just shear horror that people in South Carolina actually have control over their property.  There a few hot button issues that just piss me off when I start talking about them and forced annexation is one of them because of politicians like Lisa Sulka, this goose-stepping Nazi in Bluffton.  “Ve vill make you vone of us and you vill like it!”

“Take the Lanese family,” she said, referring to victims of a brutal attack Oct. 30 in a neighborhood that sits in one of those doughnut holes. “Bluffton Police can respond quicker because they’re closer.” The area currently is served by the Sheriff’s Office.

Oh, she’s got it down to a tee, doesn’t she?  Throw out the fear card.  Scare the living bejesus out of the residents.  Would a quicker police response have prevented the Lanese family’s attack?  Who is Sulka trying to kid here?  Are we really to believe that she gives a damn about the safety of people living in doughnut hole neighborhoods?  Puh-lease!  She wants the tax money!  That’s what annexation is always about!

I’m one of these kind of people she’s speaking of.  I live in an unincorporated doughnut hole right in the middle of Rock Hill and chose that purposely to avoid the higher taxes of the city.  If Rock Hill ever attempts to annex my neighborhood they had better make a damn good case to show me how it’s worth my while.  I don’t go down without a fight and Sulka is really lucky I don’t live in her town because I’d be her worst bane, no pun intended.

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.