Wake County Property Rights Case Making Headlines | Beaufort County Now | The Center Square recently ran a story on an Apex homeowner who has been fighting for her property rights for half a decade.

Coronavirus Disease 2019 (COVID-19)

Wake County Property Rights Case Making Headlines

Publisher's note: The author of this post is Brenee Goforth for the John Locke Foundation.

    The Center Square recently ran a story on an Apex homeowner who has been fighting for her property rights for half a decade. The Center Square's Nyamekye Daniel writes:

  • An Apex homeowner's five-year dispute with the town continues despite several courts ruling the town violated the North Carolina constitution by installing a sewer line on the resident's property.
  • Apex used North Carolina's eminent domain law, which allows government to take private land for public use, to defend the decision. The Wake County Superior Court ruled against the move in 2016 because the sewer system profited a private developer.

    Despite the town of Apex having lost this case in three separate courts, the town managed to find a judge who would rule in their favor on the fourth try. If this ruling is allowed to let stand, it could have serious consequences across the state. Daniel quotes JLF's Jon Guze:

  • North Carolina Advocates for Justice (NCAJ) and the John Locke Foundation have filed a legal brief in support of the homeowner Beverly Rubin's appeal of the court's 2020 ruling to allow the sewer easement...
  • "This is clearly an unconstitutional taking. If Apex prevails, the town's behavior sets an alarming precedent for every North Carolinian," said Jon Guze, the John Locke Foundation's director of legal studies. "Property owners will be stripped of the only protection they currently have against eminent domain abuse."

    The town's argument in their favor is a precarious one. In a recent research brief from our Jon Guze, he explains:

  • Judge O'Neal found that the town's use of eminent domain violated both the North Carolina and United States constitutions because "The paramount reason for the taking [was] for a private interest and the public's interest was merely incidental." She also held that the town's claim to Ms. Rubin's property was "null and void."

    The John Locke Foundation and the North Carolina Advocates for Justice (NCAJ) filed a joint legal brief in support of the homeowner's appeal.
Go Back

HbAD0

Latest Op-Ed & Politics

Helen Raleigh writes at National Review Online about an aspect of “clean” energy that its advocates try to hide.
One customer caused the major internet outage that made several well-known websites crash earlier this week, according to the cloud service at the root of the problem.
Many people have resisted getting what has been described as "The Vaccine Shot".
Emily Brooks of the Washington Examiner highlights a new national Republican effort to promote South Carolina’s Sen. Tim Scott.
Governor Roy Cooper signed the following bills into law today: Senate Bill 248 & 2 others
We will offer this allotment of three with more to come; some old, most new, but all quite informative, and, moreover, necessary to understanding that in North Carolina, there is a wiser path to govern ourselves and our People.
The State Board of Elections invites public comment on an amendment to a permanent rule related to the arrangement of official ballots.
The N.C. House passed a bill by a vote of 100-5 on Wednesday to exempt military retirement pay from state income taxes.

HbAD1

Today Governor Roy Cooper announced that he signed an Executive Order to extend a variety of measures currently in place to respond to the COVID-19 Pandemic until July 30.
According to a new study, a microscopic freshwater animal known as a “bdelloid rotifer” or “wheel animalcule,” has survived after being frozen for 24,000 years in Siberian permafrost.
State Auditor Beth Wood’s office found that Shelton Jeffries, the former superintendent of Nash County Public Schools, violated his contract and district procedures by ringing up $45,690 in questionable expenses during his three-plus years at the helm.
The Senators urged Secretary Fudge to reconsider this policy, and instead focus her efforts on housing for more Americans in need during the ongoing pandemic.
Read and decide for yourself if you believe this story
North Carolina state Senator Jeff Jackson, aka Cal Jr., is working his way across the state as part of his “100-Day, 100 County” tour

HbAD2

The state Senate’s main education committee has endorsed a bill that would penalize N.C. school systems for late payments to charter schools.
This may seem hyperbolic to some people, but there is plenty of evidence to confirm that the globalist agenda has prioritized children as its target to change public perception on a whole range of social and economic issues
Governor Roy Cooper signed the following bills into law today: Senate Bill 135 & 241
Margot Cleveland of the Federalist focuses on an important ruling from a federal appellate court.
Celebrating our nation's symbol of history, freedom and democracy across the state

HbAD3

 
Back to Top